THE  LEGISLATIVE  GUIDE, 

CONTAINING 

ALL  THE  RULES  FOR  CONDUCTING  BUSINESS  IN  CONGRESS; 

JEFFERSON'S  MANUAL; 
AND 

THE  CITIZENS'  MANUAL, 

INCLUDING  A  CONCISE  SYSTEM  OF  RULES  OF  ORDER  FOUNDED  ON  CONGRESSIONAL 
PROCEEDINGS: 


COPIOUS  NOTES  AND  MARGINAL  REFERENCES, 

EXPLAINING 

THE   RULES  AND   THE   AUTHORITY  THEREFOR; 
DESIGNED 


TO  ECONOMIZE   TIME   AND   SECURE   UNIFORMITY   IN   THE   PROCEED- 
INGS  OF   ALL   DELIBERATIVE   ASSEMBLIES, 


10  OR  TH1  WANTS    OF    EVERY  PRIVATE    CITIZEN  WHO    DESIRES  TO  UNDERSTAND  TUB  RIGHT 
WAT  TO  TRANSACT  PUBLIC  BUSINESS. 

BY 

JOSEPH  BARTLETT  BURLEIGH,  LL,  0. 

FOURTH  EDITION  REVISED. 

PHILADELPHIA: 

LIPPINCOTT,   GRAMBO  &  CO., 

1854. 


PREFACE. 


THE  Author's  attention  was  first  called  to  the  importance  of  a  uniform 
system  of  rules  for  conducting  public  business,  when  presiding  at  the 
faculty  meetings  of  a  University,  which  were  composed  of  members  edu- 
cated in  the  different  States  of  the  Union,  and  in  different  countries  of 
Europe. 

Questions  sometimes  arose  in  reference  to  the  mode  of  conducting 
business,  respecting  which  the  members  entertained  various  opinions. 
This  led  to  an  examination  of  works  on  Parliamentary  practice,  for 
there  were  none  based  on  Congressional  proceedings,  and  it  was  found 
that  no  two  books  were  alike  in  all  respects,  that  the  rules  of  State 
Legislatures  differed  from  each  other,  and  from  those  of  Congress,  in 
matters  where  uniformity  would  add  alike  to  the  convenience  of  the 
members  and  the  dispatch  of  business. 

There  are  now  more  than  thirty  State  Legislatures;  each  having 
its  separate  and  distinct  forms  for  conducting  public  business.  After 
having  visited  most  of  those  bodies  during  their  sessions,  the  Author 
is  of  the  opinion,  that  much  time  is  needlessly  lost  for  the  want  of  a 
systematic  and  uniform  standard. 

No  one  can  doubt  but  that  the  will  of  the  majority  is  often  defeated, 
and  public  business  retarded,  for  the  want  of  the  general  diffusion 
of,  and  the  familiar  acquaintance  with,  correct  legislative  forms  of  pro- 
ceeding. 

This  Guide  contains  a  full  set  of  rules  for  conducting  business  in 
every  association,  of  whatever  name  or  character,  from  the  lowest  to 
the  most  exalted. 

By  these,  a  person  having  properly  learned  how  to  conduct  the 
affairs  of  a  small  society  or  meeting  of  one  kind,  may  know  at  once 
how  to  carry  on  that  much  of  the  proceedings  of  another  body  of  larger 
size  and  greater  scope,  and  a  State  legislator,  on  being  transferred  to 
Congress,  will  not  be  under  the  disagreeable  necessity  of  unlearning 
anything  he  has  acquired,  and  studying  a  new  system  of  rules  for 
conducting  legislative  business. 


Entered,  according  to  the  Act  of  Congress,  in  the  year  1852,  by 

JOSEPH  UARTLETT  UURLEIOH, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  District  of  Mary- 
land. 

Stereotyped  by  SLOTE  &  MOONET,  Philadelphia,    |     Printed  by  T.  K.  &  P.  G.  COLLINS. 


piat 


CONTENTS. 


Constitution  of  the  United  States 5 

Index  to  the  Constitution  of  the  United  States 51 

References  to  Judicial  Decisions  on  Constitution  of  U.  S...52 
Rules  of  the  House  of  Representatives  of  the  United  States  67 

Joint  Rules  of  both  Houses  of  Congress 107 

Index  to  Rules  of  the  Ho.  of  Reps.,  and  to  the  Joint  Rules.lll 
Rules  for  conducting  business  in  the  Senate  of  the  U.  S...125 
Index  to  the  Rules  of  the  Senate  of  the  United  States... 137 

Jefferson's  Manual 147 

Index  to  Jefferson's  Manual 193 

Citizens'  Manual 195 

Index  to  Citizens'  Manual  (Appendix) 27 

A  Synopsis  of  English  Legislation 269 

"  Laws  of  Naturalization 273 

"  Proceedings  in  Elections 275 

Holding  Elections  and  Meetings  of  State  Legislatures — 280 

Census  of  the  United  States  for  1850 281 

European  Statistics 287 

APPENDIX. 

Directions  for  Literary  Societies 1 

Outlines  for  Young  Debaters 4 

Hints  for  Debating  Societies 20 

Articles  of  the  Confederation 22 

3 


DEPARTMENT  or  STATE. 
WASHINGTON,  OCT.  1,  1850. 
This  is  to  certify,  that  Joseph  Bartlet 
Burleigh's   Script  Edition  of  the   U.  S 
Constitution   with   the  Amendments,  has 
been  carefully  collated  with  the  originals 
in  the  Archives  of  this  Department,  and 
proved  to  be  accurate  in  the  CAPITALS, 

ORTHOGRAPHY,  TEXT,  and  PUNCTUATION. 


SECRETARY  OF  STATE. 


CHIEF  CLERK. 


DEPARTMENT  OF  STATE. 
WASHINGTON,  OCTOBER  3,  1850. 

/  have  carefully  compared  Burldgh's  Script  Edition  of  the  American 
Constitution  and  the  Amendments  appended,  with  the  original  manuscript  ana 
the  twelve  Amendments,  IN  THE  ORDER  OF  THEIR  ADOPTION,  and  have  found 
that  it  minutely  delineates  the  original  documents,  with  all  their  peculiarities. 

It  may  be  proper  to  add,'  that  other  Amendments  have  been  proposed,  but 
only  the  aforesaid  twelve  have  been  constitutionally  ratified. 


KEEPER  OF  THE  ARCHIVES. 


WASHINGTON,-  D.  C.,  SEPT.  30,  1850. 

I  have  critically  compared  Burldgh's  Script  Constitution  of  the.  United 
States,  and  all  its  Amendments,  with  the  original  documents  deposited  at  the 
Department  of  State,  and  have  found  them  in  every  respect  alike,  even  to  the 
minutest  particular. 


PROOF-READER  IN  THE  DEPARTMENT  OF  STATE. 


(4) 


CONSTITUTION    OF    THE    UNITED    STATES. 


THE  following  Script  is  an  exact  copy,  in  capitals,  ortho- 
graphy, text,  and  punctuation,  of  the  CONSTITUTION  OF 
THE  UNITED  STATES  OF  AMERICA,  as  proposed  by  the 
Convention  held  at  Philadelphia,  September  17,  1787, 
and  since  ratified  by  the  several  States ;  with  the 
Amendments  thereto. 


tltf  &0fle  of  t^e  United  tftatet,  in 
der  to  fown  a  move  feeijlect 

ludtice,     injure 
tit'M,  fiiovide  ffoi  trie  common 
defence,  feiomote  tne  a09U*a 


and  Aecaw    ne      )'e&M,naA  c     ~v&'U 

v  </ 


to  ouv&etved  and  ciw  c/  obtezitit,  ao  o^~ 

# 

aain  ana    6&£a6&4&  tnib 

tne  ^Ivnitea  S  tate&  oi  Ow 


Article,  i. 

erection.  /.    Q/btt  teawtatwe  zs 

qtantea  6-natt  ve  vcatea  tn  a  v;>cn~ 

</ 

%  tne^lknitea  fjtatw,  ULnicn>  6natt 

V 

&t  oft  a  oenate  ana  <z/wcu4e  off 
w  tentative  a  . 


</ 
wM 

& 


CONSTITUTION   OP   THE    UNITED   STATES. 


<J  fie 


tentative^.  bna-tt  ve  comfaodea  off  <^f  kern  = 

/  ,/  0)P          S      j./ 

cno&en   eveiu  &eccna      tL-eav  frit    tne 

S  ff.S 

ci  £ne  6-eveiat  C/tafaA,  and  t 

m  cacn  jtate    4natt    nave 


wafticaiond  leauwe    &         eiA  o 
vno&t  nu-mewud  £y3ianc'n>  off  ^ne  j  tate 


natt  we  a 
five  vtino  duatt   not  nave  attamea  to 

f  tiventu  •itve     ljsea-16,,  ana    veen 

V  <7     V  '  <f  ' 

a    teittxen  o'l  tne  ^tknited 

v 

ana  ivno  6-naM  not,  t&n&b  etectea, 
v-e  an  ^rnnavitant  off  tnat  u  cate  in 
zv/iicn,  we  dnat'b  ve  cno&en. 

veA     ana     atiect 

?        y  y         .'  /  ./ 

e  afifocvtwnea  amcna  c/te 
/  /  S 

wnicn,  matt  ve  inctuaea 

</ 

on,  acccvaina  to  tnei?"  l 
a-mveid,  wnicn  Anat't    v-e   aeteiminea 
u  addtna    to    tne    wno-te  ^/Vam^e'r  off 


CONSTITUTION   OF   THE   UNITED    STATES. 


/',ee  ctrei6on&,  inctuaina   tno&e  vcwna  to 
<7 

jeivice  ffoi,  a  U  e^/)n  off    u>eai6,  ana 
ctaainq>  <jnaian6  not  taxea,  tnwe  di'i 

7  >  ff  A 

0 

meiation    bteaii    ve    maae    witnin  tniee 

j  />         j  •  sj          •  y        /? 

aiter-  tne    vwdt  i^keetina  oft  tne 
/  /  S     / 

p/   t'fce   ^Ivnitea  estates,    ana 

rf  /*—^*—  / 

a      (^u  n         e^m    cjj- 

/    J/  A/        /  // 

,  in  A-Mciis  i^/t'&anney  a <t  t-'fiety  diiat'i' 

~/?      ("Y)          /•  &/~ /*       /CP  '    s        y 

€w    jeaw    awect.      Cs  tee    t/rife*ivwf*    off 

sTfi  s  '        /  /X  /         y 

<lslpefiieAentative4  dnati'  net  etcceea  one  ftor 
/  / 

evevit  tntit'u  U teou&ana.  v-ut  eacte  Estate 

<x  /? 

/?     tf/>    tf  £Y)  /J/5    y 

&nai,i>  teave  at  <=&e>a6-t  one  ^/(iyeTiie&enta- 
tive ;  ana  until  A-wcn,  enwrnevaticn  dteaw 
we  wiaae,  tue  estate  off  *JYew  ^wamfo^ 
6-nive  bnatt  ve  entittea  to  cnuae  tniee, 

ss  tf  •      0 

ana  Hrwviaence  SrtantaticnA.  one, 

necticut    dive,    ^^/V eut-  ItoiTZ    &i3>, 

<T»          y         (7&  s  •  /. 

l'eji&e?t>  y-our1 ,  c/  e?in£?f>t'Va<nia  eifi-fof, 
#         7  v  7. 

one, 


Census  er 
ery    tea 

years. 


CONSTITUTION   OP   THE   UNITED   STATES. 


s. 

Vacancies, 
how  tilled. 


Represen- 
tatives 
choose  of- 
f.oers   and 


peach- 
ments. 


Senate, 
how  cho- 
sen. 


Senators 
classed. 


ten,   JV  ovtn>  ^avotina  five,  j  outn, 
^otlna     ive    ana  «y  eoiaia 


en  vacancies  nan  n  en  i?i    ne 
cn  worn,  an'U  j  tate,  tne  (o 

,to    tneiecf    bnaw    i 
</  v 

tA-  of  (otection  to  vitt  Aucn  ^Vacan 


ve  c/foou&e  off  0fyefi,'ie6.entative6. 

tnevr  j/iea-fee'r  ana  otner 
/        % 

ana    6/iat'L    nave    tne    6cie    ex 


erection.  <jt.  <_/  '  Ae  jenate  eft  tne 
tea  jtateb    dnatt    <fre    comficjea  .  oft   two 
jenatoib  ftwm    eacA  estate,    cnoaen    vy 


an 


e  ^eaiMawie    neteof,     or- 
S  v     v 

a  eacn>  cfenator  &nalt  nave  one^Uote. 
meaiatetty  aiter  tn 

<7         v 

viea    in   T&on&eaaence    oft    tne 

(otectton,     tneu    bnaw     &e     aiviaea 

//  S     '  j.     */ 

eqMatf'U  a&  maw  ve    into  twee 

i  </  / 

<_y  ne  ueatd  eft  tne  cfenatoiA-  oft  tne  ftiwt 


CONSTITUTION   OP   THE   UNITED    STATES. 


natt  ve  vacated  at  tne 
tt,on  off  tne  wcona  ^11  ear,  off  tne  wccna 
at  tne  (oxfaiation  eft  tne  ftouitn 
,  ana    oi   tne   t'niid  ^tabb  at  tne 
iation  off  tne  M-ztn  ^u/ear,  M  tnat 

one  tnwa    maw    fre    cno&en    eve^/?^  aecona 
(/  </ 

ana    i%  ^U  acancte^.  na/i/ien    vvt 
v  /  /  </ 


?e6-ifinati.onf    or    otneitvide,    aa^ina  tne 

S  <7 


y  ./    Cf>      -  />  .           y  c#,    . 

%>  tne  <^&ea(,6.tata>ie  eft  ami  c/tate, 

V  </  V  </ 

tne  (o&ecutive  tneieoft  maw  mane  temfio^ 
io{,nt'ment6'     until     tne    neat 


eft    tne   jeeaiMataie,    wnicn 

<y        v  X 

natt  tnen     itt  tucn 


^/Yo    zsev&on    Anaii    6e    a   C/enatcr 
wno  6na&  not  nave  attained  to  tne  Q/bae 

y  >y  •  j-    £?/  j  /        '    &)P 

oft  tniitw     tLeaib,  ana   veen  nine     (.Leaw 
&  &      <f  & 

G?'J.  •         y    ,/   ffi/    •.   /  cp.  j.  / 

a   T&itixen  oft    tne  ^{Aznitea  estates,  ana 

/    x  ss    .      /     /  j.  /  s 

'tv/io  &riat>'C  not,  wn,en  etectea,  ve  an 

navitant  eft    tnat  jtate  ftcr   wnicn,  ne 

//  /     / 

•d  we  c/io&en. 

^f   &))  '     ^F        d     /      /  f./< 


Vacancies, 
how  tilled. 


Qnalifira- 
tionsofS*- 
nators. 


ViceFVew. 
<lent     to 
preside. 


10  CONSTITUTION   OP   THE   UNITED  STATES. 


U  ne  jenate  6-natt  cnuae  tneir  otne 


tbeSouate. 


Triixl  of 
impeach- 
ments. 


naw  ve  *c/ie4iaent  off  tne  Jen* 
ate,  va>t  A-natt  nave  no  Vl/&faf  unte&& 
tneu  ve  eq/uaw/M  aiviaea. 


er- 


a  at&o  a  ^riebident 


ana  at&o  a     rieben         o 

o-jf  t/ie 

aent,    cr    wnen    we    ^fia^  e&eicide    tne 

e 


fjenate    Anatt    nave    tne    dote 
ow-ei"     to     ^w     aw 


itting>  for  tnat 

<y     v 

naw     ve     on 


- 

&  tiiea,  tne  ^nieff     £u,&foce  bnaii 
ae  :  Q/bna  no  'ctrei&on  Anatt  ve  con- 
victea   witAout    tne  T&cptcttrVtence    off 

cff  tn 


e 

in   TaAeA.    o 


&n,a'w  not  e&tena  ffwtuer  tnan  to 

l    %icm  &//MCG>  ana  at6q>/u 
/  //  ff 


CONSTITUTION   OF   THE   UNITED   STATES.  11 


tion  to  nota   ana    entou    ann  Uftftice  oft 

/>  G7-  x^sr    s-,         /      ,/  //?/ 

nonor,  t-/  la&i  or  c/  ic%i£  anaer  tne  ^C^ni= 

/ 

tea  C/tatea :    vat    tne  (zravtu    convicted 

S 

/>    /?#  0  #        /?    tf-     /?/?  /         #• 

&natri(>  ne/v6itnei'e&.6  ve  'Cia&t'e  ana  daw  wet 

/ 

to  tJ/naictment,  <J tiat,     faa'ament  ana 
ini&nment,  accciaina  to  &&aw. 
jection.  A,  <J ' ne  U  imet,  Srtaced  ana 

nner  ov  7iotaina>  fetection6  4or  c/en= 
/  S  / 

ana  0\?cfe>te&entative6 ,  4na&  v-e  fae~ 

/  O?*   *     S     */     O?     '  / 
in  eacn  Jtate  fat  tne  ^&cai6-t'a~ 

7  7 

tn&ieoft ;    vut  tne  ^jonaiedA  maw  at 

.•        /     CP  '  S  A  / 

time  vii*  ^&aw  matte  or  alter  bacn 

/?  y  fl 

eautationd ,  excent   a<$    to    tne 
™  / 

c/enatow. 


be     vzonaie&A    6na^    ab&emv-ie    at 
tea&t  once    in    eveivi    ^ilear,    ana 


on 

aau  in  QJ)ece^m.-^er     unte 


v-u  £&atv-  afe/ioint  a  aiftftewnt  (QDau. 

C/ection.  6 '.    (oacn  (Zs&oit'&e 
tne     taaae    oft    tne    fe'tectiond, 


Effect  o£ 


Manner  of 
electing 


ConerPM 
assemble 
annually 


liow  judg- 
ed. 


12  CONSTITUTION  OF   THE   UNITED   STATES. 


Quorum. 


Absent 
members. 


Rules. 


1  as  and 
Nars. 


ana  ^luatifficationd  off  ita  own 

ve^d,  ana  a   1_Svka1<o^it/u  off    eacn    A-natt 

constitute  a  £&uoiam    to   ao 


o 

at  a  A-mawer  Jytimve'r  mau  aatouvn 


'.owi  aau  to  aau,  ana*  maw  ve  autno^~ 
</  </  ? 

i&ea  to  comfiet  t-ne  Q/bttena'ance  o£  av-= 
&ent  i^/vioemv-ew  ,  in  bacn,  ^/tkannev",  ana 
anaer  Aucn,  ¥senattie6  ad  eacn,  tTW 


w      iovae. 

(7     ' 


J  f 

acn    <?ou&e     maw    aetevmine      ne 


o%    it#  ^rioceeainqd,    /l 

V  <7  ' 

jfor    at&oiaGvi' 


Expulsion, 

ana,  witn>  tne  ^oncuiience  oft  two 

a  *_sm)emv-e'Tj . 
/ 

Journals 
to  be  kept 
and   pub- 
lished 


acit  &&oit'6>e  a-nat-  -eem  a 


(f 

lo 

ojf  itd  £rvoceeaina6,    ana    %wm>    time    to 

V  <7      '  V 

time  fiuvtiA.'/*,  tne  6-aone,  e&cefitina  AUCM 

ad  maw  in  tneir     fcuaament  ie= 
7  #7 

ie    Cfec^ec/^^  :     ana    tne      lleaA     ana 
</  & 

oft     tne    ^/t&emveid     of    eitn 

V  V 


</ 

on  any    aue&tion    bnatt,  at  tne 

</      v 


CONSTITUTION   OF   THE   UNITED   STATES.  13 


w  oft  one  ftifttn    off    tno&e 
ve  entewa  on  tne     lo 


e 


&ion    oft    ^onaieM,    &naw,    witnout  tne 

V  </ 

oft  tne  otner,  a&touin  tor  mow 
tnwe  aaitd,  nor  to  any  otnw  z/t 

</  <r 

in    wnt,cn>    tne  two 


>**#& 


& 


jec&on.  6.  <J  we  !jena£o%4  and 


Compen- 
sation. 

\natt  leceive  a 


wr  tnetr  c/e^vlce^,  to  ve  a&c&itainea  tew 
aw,  ana  Siaia  out  oft  tne  <J  leabuiu 
op  t-ne  tybnitea  jtated.  U  new  bnaw 

0  <7 

in  att  ^>a6-c6,    e&ceSit  *J  tea&on,  ^ 
ana/<2Bieac/i>  oft  tne  ^seace,  ve  faivi 
wm  Qwzw6.t  aauna  tneir  Q/kttenaance 

// 

at  tne  c/eAAion  oft  tfretr  w&fiective  <z7w 
ana  in  aoina  to  ana  lettwmna  worn  trie 

/  S~X      J 

&ame  ;  ana  tor-  anu  c/feeecn,  or  (QDevate 

in    eitn&r  <z/&ou,6.e,    tneu    &naw    not   ve 

S 

q,ae&tionea  in  anu  otner 


Adjourn- 
ments. 


14  CONSTITUTION   OF  THE   UNITED   STATES. 


Members 
not    ap- 
pointed to 
office. 


Officers  of 
govern- 
ment can- 
not    be 
members. 


Revenue 
bills. 


Bills  to  be 
presented 
to  the  Pre- 
sident. 


His  pow- 
ers over 
(item. 


jenator     or 
6-naw,  aufyinq>  tne  <J  tine    for  wnicn  ne 

f  v 

etectea,  v-e  afifeointea    to  anu  civil 
ice    unaer    Me    QAoutnovit'U    off 

wAicn,  bnatt  nave  ve 


ave  veen  enciea&ea    aiwina 


/    / 
a    ai 


time  ;  ana  no  2rev&on  notaina  am/ 


e    unaer    tne  ^Ivnitea  jtateo,  6-nat'L 
a  *^memver  of  eitner  df&9&66  auuna 


ontinuance  in 


erection.  J. 


oiiainate  in  tne 

/?         s> 
ve6;  t^ut  tne  senate  maw- 


on  on-er 


or   concur 

/? 

tn-e 


cs&ou&e  of  &&efi>ie6£ntative6   ana  tne 
^senate,  &nati,  vejloie  it  v-ecome  a  ^&aw, 
v-e  fiie&entea    to    tne  zsiebiaent   off    tn 
tea  estates  ;  ^Jffne  afafaove  ne 


CONSTITUTION    OF   THE   UNITED    STATES.  If) 


Man  it,  vttt  iff  not  ne  6-iiatt    letuin  it, 
wit/t,  nid  0vtcc'tionA   to    tnat  <zs&oa,&e  in 

wuicn,    it   &naw    nave    oiiainatea,    wnc 

</ 

&uatt  enter  tne  Uv-tectiona   at   taiae  on 

/  </ 

tneir  foavnat,  and  fitoceea  to  ^eccn&iaer' 
it.  Jfjf  aiter  6-ucfo  &uecon&iaeiat{,on  two 
oj(  tnat  £sfoou6.e  6-na'ti  aa^ee  to 
t/te  Qwi'M,  it  &natt  ve  &ent,  toae~ 

0 

wit/i,  tAe  (sv-iectiont,  to    tne    otner 

/ 

,  WU  wnicn,  it  &na<w  ti'fcewi6e  ve 
eiea,  ana    iff    afafiiovea    vu    two 
off  tnat  ^voube,  it  bnatt  vecome 
a       ;aiv.       &Mut  in  ati  A-ucn  ^a&ed  tne 
off  v-otn,  <z/&ou,6.e4  6.na€t    ve 

it 

</ 

off  tfce  \tse%&on6  votina  ffor  ana 
aaain&t  tne  £jjit£  A-naw  ve  enteiea  on 
the  lottvnat  off  each,  <zsfoot(,6e 
ivevu.  *_jff  any-  Qfiitt  tna'Ct  not  ve 


minea    frit    uead    ana  Jyaud    ana    tn>e 


a    &U    tn&   ^rie^iaent    witnin    ten 
an  6     (c/unaa'U6    except,  tea  \    afftev    it 


Proceed- 
ings on  bit 
veto. 


Bills  to  DO 
laws  if  not 
retained 
la  ten  day* 


16  CONSTITUTION   OP   THE   UNITED    STATES. 


Joint  or- 
ders or  re- 
solutions 
to  be  ap- 
proved by 
the  Presi- 
dent. 


Powers  of 

Congress 


bnatt  nave  veen  five&entea  to  nim,  tne 
Jaine  6.naw  we  a  taw,  in  tine  *_svkan= 
ner  at  iff  ne  naa/  <uanea  it,  unteM  tne 

^&6nawM  vu  tinew  Q/batouin'ment  fae= 

0 
vent    ifo    0vettwn,    in    umt&n,    ^>a6>e    it 

6-nati  not  ve  a  <=&avv. 


or 


to  vv-nic'fc  tne  ^joncwience  eft  tne  jenate 

ana  cywcu&e  oft  tyvefae&entatwed  maw  ve 
v          /  </ 

(e&ce/it  on  a  aue&tion  of  Q/ba~ 

/  V  V 

}   &naw    v-e    fiie&entea    to  tne 
I  / 

nt  o-jl  tne  ^Ivnited  cftated  ;  and 

i/'     c#  /  /?/*        /? 

tne    c/ame    &nat'£     tane 

naw    we    afifiwved  <fru  nim,  or  vein 
/ifi'iovea  vu  nivn,  bnatt  ve 

two  tnwad  of  tne  ^senate  ana  £/&o 

0 

<&vefae&entatt'ved,     accozaina     to     tne 
vuiea  ana  ^&vm,itation6       ieA-ciivea    in 


a 


e    i&a&e  oft  a 

CP    *•       a    67V  G?  /  // '  / 

j  ecfion.  a.  *_J  ne  \£>on(iie&6  6-nat-c  nc 


CONSTITUTION    OF    THE    UNITED    STATES.  17 


<J  o  taw  ana 

n/iobfa  ana  fe&ci&eA,  to  ^iau  tue 
/  /     </ 

ana  fiwviae  ffo^    tne  common  %2Deffence 
and  aeneiat  tyretvaie    off    tne  ^tvnited' 
vat  aM  QDuficA,  I^WI/IOAJA  ana 
natt  ve  anioi'm  tniouanouf  trie 


</ 


Uo  voiww  ^/fkoneu  on  £ne  cwcut  <?/ 


leawtate  ^>omme^ce  wit™  voieian 

&  v        <7 


ahond,  ana  antona  tne  tevezat  crt 
ana  witn,  tue  J/ncwan 


an 


on   ne 


NaturaU- 
zaliou. 


Bankrupt- 
cy. 


and 

VUTM. 


roomer- 
feitinf 


,    ana    uniffoim 

tne  buv-tect  off  &j  an/tiu/itcieA  6n,wii'&n>= 
out  tne  fyfcnitea  cftatea  ; 

^/  o  coin  ^/vkone'U,  leaatate  tne  VVatue 
tnewoff,  ana*  off  ffoieian  ^&oin,    ana    4ia> 
jtanaava  off  ^reiantt  and  ^/twea- 


*J  o  fiioviae  ffor-  tne  <2rum&nment  off 


Lay  taxes- 


Pay  debta- 


General 

welfare- 


Duties  uni. 
form. 


Borrow 
money. 


18  CONSTITUTION   OP   THE   UNITED    STATES. 


Inferior 
courts. 


Piracies, 
&o. 


Post  roads. 


Promote 
arts  and 
icience. 

an 


Declare 
war,  and 
make  cap- 
tures. 


Raise  ar- 
mies. 


tn#  cf  ecazitied  ana  cwient 

r 

#/  66e 


<J  '  o  ebtatitibn.  c/o&t  vwhcet  and  '  fao&t 


c&ence 


<J  '  o  fowmote  tn,e  0^wg>ve6.6  ojl  cf 

'  #  V 

a  ud-evwt  Q/bvfo,  V^M*  wcuiina  v&r1  tiwi^ 
to  Q/iowtno-M  ana  ij/ 

tw&ive  tylyiant   to 
S 

ana  d 


to 


o  aevtne  ana  fawnt&'n,  t^rtiacieA  ana 

•**  /        L/>    /  •  /?  ft? 

cowitnttcea    on  wie  'Utg>n,  crea6. 


ana         ence6  aaain&      ne 


ojl  *JVa= 


o  aeciave  ^rar,  aiant 

S 

taue    ana    tywefaikat,    ana     mane 
e4  conceimna  ^atateb    on 


an 

ana  buoit  QwiitueA,  vat 


no  Q/bfo/iw/wiation    oft  t^/vKoneit  to   tnat 
/  /     /  #  7 


CONSTITUTION   OF   THE   UNITED   STATES.  19 


natt  ve  tor  a  icnacr  <J  evm  tnan 


two 

' 


feioviae  ana  maintain  a 
mane  (ylyuieA  tor  tne  &  oveinment 
ana  0veautation  of  tne  tana/  ana*  navat 

<7  V 


' 


fiwviae    tor    ca&ina  ffwtn,    tne 
a    to    e&ecwte  tne  £&aw6    o£   tne 
6.wfefi'ie66  Jrn&wiectionA  ana  ie~ 
t  tj'nvaMond  ; 

*J  '  o  faiomae  vor-  waamzina  ,  avininq-, 

/?  /?  />   . 

ana  aiAct'fitimna,  ,  tne  ^/vfcititia,  ana  ^OT 

ao^^e^n{,nq'  &ucn  zsait  o%   tnem  a 

0  S  V 

v-6  emfotoi/ea  in  tne  j&ivice  <?/  tne 
/      </  £ 

tea  crtated,  ^e6.e1Vlna    to    tne  utatco 


& 

<7 

a 

# 


ceu:9  ana  tne  Q/towtnoutu  od  tiain= 

&  V 

inn  tne  ^/p&ititia  accoid'ina  to    tne 

<7  <7 

ci/ttine 
' 


€t    &a&e4  ivnatAoevei    over    &u,cn 


in 


Navy. 


Kules  and 
articles  of 
war. 


Call  out 
militia. 


OrsanizB 
and  gov- 
ern militia 


Officers 

militia. 


Exclusive 
legislation 
over  seat 
of  Govern 
merit. 


CONSTITUTION   OF   THE    UNITED   STATES. 


tiict  (not  e&ceeaina  ten  <^vki€ed    6-aaaie\ 

\  jr  #1 


a6 


,  ana  tne  Qwcce/itance  &€  ^o 

/  V 

vecowbe  tne  £/  eat  off    tne  &ol^c^n'men£  off 
tea  utatea,  ana  to  e&eict&e  ti 
ait  ¥/J  tacea 


e  ^on&ent  o%    tne 


u  tate    en    wnicn,    tne  u  ame 
ve,  f&p.  tne  (election  o%  ^/fo^t6, 

V  v  # 

w'i&ena'W,  aocn-  ua^ad,  ana 
affut 


nee 


mane  att  jsawa    uinicn*    bnaw 
ana    A  to  fie  r  ffcr-    cavzuina 


into     (o&ecutton    t^e    ftoieaoina 

v        </          </ 

ana/  aw    otner  &owew  ve&tea    ^--u 


tation  in  tne  «y  ovevnment   off    tne 

Ijtated,    or    in    anu 
wient  or  &fffficer  tnewoff. 

erection.  Q.  *J  we  ^/moiavation  or 

/? 

/toitation    6*    6>ucn  0^ei&.on6    aa  any  of 
/  v  \      s     v 

c/tate6    now    e&i&tina    A-natt    tninn 


CONSTITUTION  OF  THE  UNITED  STATES.  21 


to  aamit,  Ana-i-^  not  ve 

itea  vu  t/ie  &onwie&6  faior  to  tne 
</  </         / 

one  tnou&ana  ejamt  nunaiea   ana  eiant, 

/>  0 

v-ut  a  ^/<z#  or-  at<,t?f  maw    ve    im/io&eu 

on  bucn,  ^.sm/ioitatwn,  not  e&ceeaina  ten 
/  y 

tor  eacn-  'zseiA.on. 
ruviteae  o%  tue  tyr  lit  of  cs&a= 

<7         V  V 

veat   TZOI/IUA    wiatt    not    ve    fiaAJienaec/, 
anteM  wnen  in    £>a&ed  off  0uevettion  or 


ie 

</ 


Attainder 
and  ex  post 
facto  laws 


auiie    t. 

^/YO  Sui'M  off  Qwttainaer  or  ecc 
jfacto  ^£aiv  Anatt  ve  fiawea. 

^Y  o  Jactitation  f  or  otner  c/iiect, 
U  a(K  6.-nat-6  ve  taia,  unteM  tn  cs'lo/^,o^^ 
tion  to  t/w  T&en&wA  or  &nlt>?7lc^at^,on  nete= 
in  ve4o^e  aiwcted  to  ve  tanen. 

^SYC  U  ax  or  (QzJatu  buaw    ve  taid 
on  Q/b'iticte4  ecc/ioitea  worn  any  crtate. 
o  <2rvej(e'ience   &natt    ve    aiven  vy 


or 
tr 


Habeas 

corpus. 


No  export- 
ation duty. 


Commerc* 

between 

UMSMMb 


22 


CONSTITUTION    OF    THE    UNITED    STATES. 


Money, 
howclrawn 
from  Trea- 
sury. 


To  be  pub- 
lished. 


No  nobili- 
ty. 


Foreign 
presents 
and  titles. 


Towersde- 
nieil  to  the 
States. 


venae  to  t/te  z/oitd  iff  cne  jtate  over 
tAo&e  oft  anot/ier  ;  nor  bnatt  "l}e6&e+4 
bound  tc,  or  worn,  one  jtate.  ve  ovtig-ed 

V  </ 

to  enter,  clear,  or  /iay>  \i2Datie6  in  an= 
otner. 

^Jyc  i^/t&oneu  &natt  we  ai 

</ 

tne  *./  ^ea6.u^u,    nut    in   Tzo 

Orfofifi'io  filiations  maae  &v   ^Icaw  ;  and 

a  leq-wtar  ^statement    ana  Q/teccount  of 

<7  v 

t/ie  0ieceit6  and  (otK/tcnaitaied    o£  at  * 

n.att    we 


iaitm   worn 

v 


time  to  time. 


* 


<7 


aiantea  v?/  tne  ^Iknitea  j  tatea  :  Q/bna 

<7  </ 

no  zsei&on  foo-taina  an?/  U.fftC*  of  c/  10= 

</        /       vv  v 

flit  or  <J  iii6-t  anaer  tnem,  6.-/iat6,  witu~ 

oat  tne  ^>on6-ent  of  tne  ^onaie&d,  acce/tt 
&  #  / 

of  anu  ^lebent,  femotament,  Office  f  or 

V  ^  VV 

<J  itte,  off  anvt  nina  wAatever  , 

,  ^iince,  or  voician  eft  ate. 
uection.  SO.   <JVc  estate  ana-w    enter 


CONSTITUTION    OF   THE   UNITED   STATES.  23 


into    ami  *J  teat?/,  Q/bttiance.    or    &on= 
r  / 

fcaezation  ;    qiant  ^ketteid   oft 

I  <?  V 


ana     0ieSiii&a'C  ;     com    ^/fioneu  ;     emit 


y 

oft 

v 


matte   ant/ 

<7  ^ 

ta  ana  6-itve'r'  ^>om  a  *J  enaer  in 


'  ailment  o%  &i)evt6  ;    Si 
/  0  / 

ex  fioAt  j/acto  ^zzazv,  or 

tue  €>  vtiaation,  ovieon^ 
7  / 

or       ant  anw>  <J  itte  <?/  ^/y  ovitit'U. 

V  </ 


o  c/tate  bnatt,  witnout  tne 


TZongieM,  €au  a 


or         uieA  on  ijm&l      or 


?/ 

</  </ 


ce/it  wnat  maw  ve  av&otutetij 

'  <7  0 

/*r    executing'     11  6 
<7 

/  */       tfTff    /        y    SS/fiK  j. '          / 
ana  t/te  net  c/  ^oaa,ce  off  att>  ^JJtitiea  ana 

<P     y      i       /?'//*  &?i  <& 

<-7mno&€4,  taia  vip  ann  estate  on  <_/??£- 

7     *         J?  y     t       /  /S  y*7   y      zX  //?/ 
fiozt6  or  (o&fio'itd,  Aiiati'  06  ffor  tne  ^fcA-e 

off  tne  U  lea&ui'U  off  t/t,e  ^Ifcnitea  J  tatea  ; 

/     //        /    Q>  /  //  S         S-    . 

ana  ait'  biic'it/  Jzaz&d    Artat'-C    tee-  6-i6<i 

to  tne   0vew&ion    ana*  ^onttout    off 

^>on 


Powers  de- 
nied to  th« 
States. 


Other  pqw 
era  denied 

to  States. 


24  CONSTITUTION    OF   THE   UNITED    STATES. 


Further 
denial  of 
powers  to 

•"t-oi-oe 


President 

United 

States. 


Electors, 
how  ap- 
pointed. 


c  j  tate  6-natt,  witnout  tn&  T&on= 


6-ent    ojf  l&on&ve&d,    tau    anu 

v  </  </         </ 

' 


<J  onnaae,    -neefe    <J  '100  fa,  0-7+  jnifad    oft 
MI  twne  eft  zseace,  enter  into 

V 


or 
or    wi        a    voieian     rower.  or 


enaaae    m   v/  or,  un€e&4    actuat'L'M    in= 
vaaea,    or    in    &ucn    imminent  \2J)anaer 


tt  not  admit  o%  aetau. 
9  / 


Article,  ii. 

ejection.   /.    <J  '  ne     executive 
naw  ve  ve&tea   in  a  0^te&iaent    off    tiie 
c/tatea     off     Q/brneuca.        &we 


'  /'  '        * 

o€a>  ni6  (L/4ffice  auiina>  tne  Cl  ewn 

of  four     lleaw,  ana,  toaetner 


ident,    cno&en    vo 
,  v-e  etectea,  a<*  voito 
&acn  cftate  bnait  afefioint,  in  A.wcn> 
^/m>anner    a6    trie  .^zoeaibtatuie    tneieof 

<7  V 

matt    aiiect,     a    Jvumver    of    (otectow, 

</  v 


CONSTITUTION    OF   THE    UNITED   STATES. 


25 


ena= 


ma? 


ve  entitled  in  the 


wit  no  jenator   or  0lyejl^e&entat^,ve  ,    or 
^eibon  notaina  an  ff/'/ice  o%  *J  iw&t  or 

ff  v  V  V 

¥/ioftit  under  tne  ^Ivnitea  cftatet,  tnatt 
ve  afifeomtea  an  G 


The  Electors  skill  meet  m  their  respective  Slates,  cmd  vote  fry  Ballot.  for  two  Persons,  of  whom  one 
at  If  ait  shall  not  be  an  Inhabitant  of  the  same  State  with  themselves.  And  they  shall  make  a  List  of 
all  the  Persons  voted  for,  and  Qf  the  Number  of  Votes  for  each  ;  which  List  they  shall  sign  and  cer- 
tify. and  transmit  sealed  to  the  Seat  of  the  Government  of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in  the  Presence  of  the  Senate  and  House  of  Repre- 
st-ntattves,  open  all  the  Certificates,  and  the  Voles  shall  then  be  counted.  The  Person  having  the  great- 
est Number  of  Votrs  shall  be  the  President,  if  such  Number  be  a  Majority  of  the  whole  Number  of 
Electors  appointed  ;  and  if  there  be  more  than  one  who  have  such  Majority,  and  have  an  equal  Num- 
ber of  Votes,  then  the  House  of  Representatives  shall  immediately  chuse  by  Ballot  one  of  them  for 
President  ;  and  if  no  Person  have  a  Majority,  then  from  the  five  highest  on  the  List  the  said  House 
shall  in  like  Manner  chuse  the  President.  But  in  chusmo  the  President,  the  Votes  shall  be  taken  by 
Stairs,  the  Representation  from  each  State  having  one  Vote  ;  A  quorum  for  this  Purpose  shall  consist 
of  a  Member  or  Members  from  turn  thirds  of  the  States,  and  a  Majority  of  all  the  States  shall  be  neces- 
sary to  a  Choice.  In  every  Case,  after  the  Choice  of  the  President,  the  Person  having  the  greatest 
Number  o_f  Votes  of  the  Electors  shall  be  the  Vice  President.  But  if  there  should  remain  two  or  more 
who  have  equal  Votes,  the  Senate  shall  chuse  from  them  by  Ballot  the  Vice  President. 


maw 

0 


e 


<7 


a 


j  * 

aeteimine 

-'.r 

fatectoid,  ana    tne 


•3 cme  o%  cnufrin 

v  .      ^ 

VU 

J?'  S  tfifi          /  SS  ?   ^ 
;   UL/Mc/t'  ^JJau  &'nat>€  ve  trie  frame 


/>•  /  ./> 

lit  on  w/iicfi  tneu 
</ 


o  zseuwn  c&cefit    a    natavat  voin 

or   a  ^tfa&en    oft   tn 
<j  fated,  at  trie    time    oft    tne 
<?/  tnit   T&on&tUutwn,  frnatt    ve 


dcrcd  nulUnd 
raid    by    UM 


nf 


which  WM 
Si»en  by  the 
Secretary  of 
Slate,  Sept. 
25,1804. 


Election 
and  meet- 
ing of  elec- 
tors. 


Who   may 
be  elected 

Presideut. 


26  CONSTITUTION    OP   THE    UNITED   STATES. 


For  Vice- 
Presid't, 
See  Sec. 
xii.  Am'ts. 


In  case  of 
removal, 
death,  <to., 
of  the  Pre- 
sident his 
powers  de- 
yolve  on 
the  Vice 
President. 


rompnnsa. 
tionofPre- 

ndtnt 


to    tne     0ffffice    off    i^x  ve&idcnt ;     n 
naw  any  '2re^&on    ve    etiaivte   to  tnat 
ice  wno  A.nat'b    not    nave  attainea  to 

Q/bae    o%    tniitu    %ive      IPeaid,    ana 

/       v  <?    v  (f 

veen  vowiteen     ll/eaiA  a  &we&iaent  ivitnin 

v  & 


J/n  T&ate    oj(  t/ie  tfteemovat    od  tne 
e&iaent  worn  &4^ice}  or  off  ni&  QD 


to 

/?  . 

tne  z/oivew    ana    (2J)utie6    off    tne    &aid 

Uffffice,  tne  Jawie  bnatt    aevotve  on  tne 
"I/ice  (^riebiaent.  ana  tne  ^oncweM  matt 

<7 

tew  <=zoaw  fiioviae  ffor  tne  *1&a&e  off  &b 
t,  SyJeatn,  &ue&ianat{,on 

<7 

titu,  votn  off  tne  &'ie&ia/ent 

,  aectafyina'  wnat  & 
tnen  act  at  ^rveMaent,  and  6ucn 
cer    &natt     act    accoiaina-w/'  ,    until     tne 


<e  lemone,  or  a 
bnatt  ve  ejected. 


U  ne     £sie&iaent     dnatt,    at     6-tatea 


CONSTITUTION    OF   THE   UNITED   STATES.  27 


)  zeceive  ffor  7114  c/eiviced,  a 
ficn&ation,  wnicn-  bnaw  neitner  ve  en~ 
cvea&ea  nor  aimini&nea  auiina  tne  £se= 
iioa  tor  wnicn  <ne  &naw  nave  veen 
etectea,  and  ne  tnati  not  ^ece{,ve  wit/tin 
c/  e^loa  anu  ofner1  &mo€u>'m,ent 

/  V 


orn 


ie         mea  C/aed.  or  any  o 


foe  enter  on  tne  (o&ecufion  oft 


or 


or 


ac  botemnt'u  &wear   ( 
^7  witt  ftaUnftMttu  execute 

V  fl  P 

vice  ojf  &ie&iaen£  off  tne  tyknited  '  j  tatet, 
ana  zviw  to  tne  ve&t  off  mu  Qwvitit'U', 

,  fiwtect   ana    aeffena  tne 
o/i  off  tne  ^Iknited  c/tatea'.' 
erection.  2.    U  n#    zsie&iaent 

ve  ^ommander  in  T&niejl  <?/  tn 

e>     v 

ana  Jyawu  off  tne  ^tvnUca  utatet,  and 
off  t/f.e  *_sttei<utia  off  tne  Aeveiat  jtatea, 
wucn  cat  tea  into  tfoe  actual  jeimce  off 


Require- 
ments. 


His  oath. 


Powers 
and  duties 
of  the  Pre- 
sident. 


28  CONSTITUTION   OF   THE   UNITED   STATES. 


Making 
treaties 


Appoint- 
ment of 
public  offi- 
cers. 


tne  ^Iknitea  estates  ;  ne  fma/u-  leaaiie  tne 


&  /union,  in  is&uhricf,  off    tne  ftuncifeat 
icev  m  eacn>  oft  tne  e&ecutive  ^Jje^iait^ 
,   a/ion    ant/  juvtect   &tatin&    to 


ana    no    6.n>a,'W     nave 

f 

anc/  <2raia'on6  ffor    (sffffencea 
t-ne  ^tvnitea    stated,  eacefit    in 


<Z7&6    6-riat<L     nave  <t^ro2ve?j,    vty   ana 

& 

tvUn>  £n>e  Q/bavtce    ana    £>on6-en£    off    tne 
jenate,  to  mane  <J  veatted,  faiomaea  two 


o       ne 


ana  we  bnaw  nominate,  ana  vu  and 
witn>  tne  Q/bavice  ana  *&on&ent  off  tne 
jenate,  6-Aatt  afifeoint  Q/b' 
otner  fiuvtic  i_Sv&ini6-tei&  and  ^o 
£•  waned  off  trie  &u/iwme  &otwt,  ana  aw 


no6-e    (Mcfifioint'mentd     aie    not 

&e  faoviaea  for,  ana  wnicn  6-nat^ 


CONSTITUTION   OF   THE    UNITED    STATES.  29 


be  e&tav£i6nca  v?t  £&aiv-  :  vat    ne 
& 

aie&4  maw  tiu  *£auf-  ve&t  tne 
went  o%  &ucn    in^ezior  0 

V  v  v 

nte  faofier,   in   tne  zsw&ic/ent  atone, 


p 


tti    ne      out      o     <=aw  or  in 


naw    nave 
to    ifiw    u/t    ait    &l)acancie4    tnat   maw 
auiin'  we  0vece&6  o     tne 


ate,    vu    a^antinO'  ^omwu&Mond    wnicn 

A 

buatt  e&faie  at  tne  fena    o%   tActr  next 
/  / 

je&uon. 

cp  j.  '       0     /^^     y  y^y       ^  •       ^ 
c/ection.  o.    cywe  &nati>  worn  time  tc 

time    aive  to  tne  ^>ona%e6.4  ^nvoi 

X  <7  V 

off  tne  Estate  off  tne  ^Iknion,  ana 
/)nena  to  tneir'  ^>on&iaeiation  A 

04  ne  6-natt   j-uaae  neceMaiw  ana 

# 
ent  ;    ne    maw,    on    e<Ktiao%ainavu> 

ona,    convene     votn,     <zs&ou6.e4,     or 
eitner  off  tnem,  ana*  in  *1z>aAe  off 

ateement    vetween    tnem,  witn, 

X 


Vacancies 
in  office 


Further 
powers 
and  dutie 
ofthePra 

sident. 


3* 


30  CONSTITUTION   OF   THE   UNITED    STATES. 


Receive 
ambassa- 
dors, Sod. 


Commis- 
sion offi- 
cers 


Impeach- 
ment. 


Of  the  Ju- 
dicial pow- 
ers. 


to  tfte  <J  '  ime  of  Q/kaj'Oa>inment)  fie 
aatowin  tfietn  to  6-wcn  <J  ime  0,4  fie  bfiaw 


;    ne    bn 


leceive 


vabbaaoid  ana  otner  / 

/      /  //  j.   /    G?        */  * 
fie  bnatt,  ta-fce   T£>a%e  ffiaf  cne 


a 


na    &nat'L   ^o 


a 


c/ection.  A.    <J  ne     ^r  le&iaent, 


ana  a^t  civit  &&fice*A  o     tne 

>V 


tea  j  tated,  bnatt  ve  vewiovea  worn 
ce  on  <J/  mfieacnment  ior, 
viction  o%,  U  '  lea&on,  &)^ive^/^J>,    or 

v  ff 


nian,  T@W#UM  ana  i_SMU 

& 


ErtCcle  m. 

erection.  /.  <J  'fie  puaiciat  2r  ower  o% 
(^lfonitea/  jtatea,  &  flat  6  ve  vet  ted  in 
cne  bufaeme  i&ouvt.  ana  in  6.acn>  i 


aa     ne   T&onaie&d  maw  vwm  time 
to    time    o^aaln    ana 


CONSTITUTION   OP   THE   UNITED   STATES  31 


udqed,  votn  o%  t/w  bu/weme  ana  m%e= 
/  v  /  v 

,    &naw    nota    weir 


na  aooa  QSenaviour,  ana  6-nalt,  at 

&   f' 


stated  <J imed,  receive  ffor 

f/2  .  .  0 .      /?  /?       /?/?  /? 

voomfien&ation ,    ict-riicn'    A-Tiai'i'    not    we 
',mim&nea  auiinq.  tneir  Continuance  in 


ice. 


ffecticn.  %.    <J  we     tuaiciat     c/ <: 

y  //   j.   j  j.    /s&?       '    cp        j 

&7ia€€'  e&tencf'  to  ait  i&a&ed,  in  **29aiv  ana 

(T)  •  •     •  /  #  •     (^?  '         ,  ' 

(oq/uitu,  anting-  unaer  trUa  Constitution, 

P      /'  / 

*S        CP  J    M./*     S7)/        'L      /    O?L      t  / 

trie  &&awd  0%  t/ie  ^(/(oniiea-  c/tated,  ana 

/  ' 

*J leatiea  wiaae,  or  wnicn  A-naw  we  /maae, 
unczer  trwir  Qfloutnorit'U  ; to  a^^ased 

affffectina    Q/bmvab&aaoM,    otner    /iivfrtic 
sj  .    .  i  C^7         y7  /'/' 

i&a&eA  off  aamiiattu  ana  maritime   fu= 

/'     '  C^?  '  fl'  /^ 

ii&aiction ,'       to     vsontwuei&ied    to    tciftic'ri' 

./>  ffl/     -,    /  n?,    .        /  //  /       s/fi     , 
trie  ^(tonitea  ^stated  sriaw  ve  a  ex  aitu ; 

to  ^>ontioveM.ie4  vetween  two  or  move 

XV?  J>  s~S) 

jtated; 'liet^veen  a  <jtate  a 

off    another    jtate; vetiveen 


Concern- 
ing the 
Judges. 


Extent  of 
the  judi- 
cial power. 


See 

Amend- 
ments. 
Art.  n. 


32  CONSTITUTION   OP   THE   UNITED   STATES. 


Of  original 
and  appel- 
late juris- 
diction of 
the  Su- 


Trials  by 
jury. 


And  where 
beld. 


v-eween 
o:     ne 


aer  ifiantd  oft  aiifte^ent  jtated,  and 
een  a  estate,  or  tne  ^itixent  tneieoft, 
a  vozetan  jtatet,  ^>itizen6  or  Jtt>v= 


/ 


/  /?  .  /^/?'  ;//       '  '  /  C/? 

aoi6,  otner  nute'Cic  i^/i/(cini&teid  ana   i&on= 

/       /  x/7     •      y-  x     o^r  y    y  // 

A-atd,  ana  tno&e  in  wnicn  a  Jtate  &na€-C 

/?      xTgf  J  .  £s?  y?       /?// 

we  «_y  aitty,    t/le    &it>/iie/)ne>    ihoait    bnat't' 

nave  oiiciinav      I'Uii&atctton.        *J/n    a€& 

7  # 

,/      &?          /?  y  ,  •        /     .  / 

otfier   T&a&ed    v-eftoie    mentioned,    tne 

(/?  />  /?/?  />  ,  ,    /?/? 

ewie    {&oi(,ii    &na€t>    nave    annei't'ate 

(7~      '    /'     '  /*    /?  Cfi  / 

I*  M>ii&aiction ,    vot'tit    ad     to    J^auf-    ana 

#  ' 

d* act,  witn  &ucn  (o&cefitiond,  ana  unaer 

na^t 


ma-fae. 


o  *'iia'LOa<CtT&>it,wie4    e&ce      in 


v?a6-e6  eft  ij/'mfaeacnwient,  bnat'L  ve  v^ 
j£u&u;  ana  &ucn  *J  iiat  &nat-L  ve  neta 
in  tne  cftate  iv-new  tne  &aia 


CONSTITUTION   OF   THE   UNITED   STATES.  33 


&n<w£  nave  veen  committed  ;    wit  wu 

not    committed  wit/tin    ann-  j  tate,    tne 

X 

<J  iiat    Auatt     ve     at    MAC/I     zstace     or 
&tace6  aa  tne  T&onaie&4  rnau  vy  *Jzaw 

y  </    </ 

nave  aiwctea. 

ffecticn.    3.     <J  wa&on     aaam&t      t/te 
tea  utated,  bnatt    con&i&t    ontu   in 

uinq'     rra'r  aaatn&t  tucm.  or  in  ad= 

^ 
to    t/teir  fenemted,    aimna>    tnem 


Q/bia  ana  ^omftoit.     ^/vo  SietAon  6-na<it 
ve  convicted  off   U  lea&on    unteAA    on 


o      Jzvo       r    tne&&e4    to    tne 


&ame    oveit  Q/bct,    or    on    T&onffe&.6-ion    in 
ft 


oen 


<J  ne  ^>onM€6.6  &  hat  i  nave  &ower  to 


elect  aze  tue  Zs  ani&nment  o£  <J  %ea6.o?i,  v 
no      >oai?iaer'  o     <J  '  wa&on  6-natt    woin 


off    SO-tood,  or 

attuny  tue  ^bite  <?/    tn 

<7  V  D 

attainted. 


2*  C 


Treason. 


Evidence 


No  corrup- 
tion   of 
blood 


81  CONSTITUTION    OJ    THE    UNITED    STATES- 


,  iv. 

.  /.  •^/futt^faitn   and 


•  dit  bnatt  fre  given  in  eacn  utate  to  tne 
<? 

,        (y/5          /  /      •      /'   '   / 

M.     i-Jlzccoiad,    ana     ittaiciat' 

/ 

oft  evevu  otner  Jtate.    QXcnd 

V  / 

'be  ^onq>ie&6    vnaty    fci/'    fycneia' 

r        </    </ 


e  ^/Kanne^  in 
ana  *2r 


VG  /iicvea,  and  tne  (oi'/cct 

/  V0 

j  ectton.  2     *J  we     &ittxen6     &£    eacn> 
jtate  6  natt    <fre    entitled  to  a€t  &uv(,= 

teaed    ana  i_/mwit{,nitie4    c%  ^?itizen6    in 

/  v 

6-eveiai  J  tatea. 


¥/  e^&&n    cnaiaca    in    anw  j  tate 
tn  *J  lea&on,  ^e'-ton,  or  otner 


wAo  &n.att  fftee  worn  ft&foce,  and  v-e 
pound  in  anotner  jtate,  bnaw  on  02l)e^ 
')nand  o%  tne  e&ecutive  Q/batnovitu  o.£ 

V  I/          V 

tne  estate  ffwm  wnicn  -ne  vted,  we  dc= 
tiveved  ufa,  to  ve  lemoned  to  tne  jtate 
navina  fuu&diction  off  tne 


CONSTITUTION    OF   THE   UNITED    STATES.  35 


net  a  to 

vour    en    one  *v  tate,  unaer    tne  ji 
tneieoff}  e&ca/ima  into  anotner,  Ana€t,  in 


or 


. 
on   tneicin,  fro    ai&C'uavaea    worn    Mien 

jeivice  or  ^&avour,  v-ut  Ana-t'^  we   ae= 

vewa  ufi,  on  ^^ai-m    ov    t/ie  c/  av^ii  to 
/  v  <? 

notn  bttcfo  cr&ivice    or     £&at>our    man 
ve  aue. 


cfechcn.  3.    JVezv-    S^tated     may 

# 

aamtttea     v?t    tne    T&onaieA-d    into 


;    vu£  no    new  estate    bnaw    ve 
a  or  ewctea  witnin  tne     £uii6aic= 
tion  o%  ann  ctner  jtate  ;  nor  anu  jtate 

V  </  <7 

A  j(o^'m,ca  vy-  tne  function  off  tu/o  or 
'm,o^e  c/tate6}  or  'c/aita  oi  jtatea,  witn= 
out  tue  ^fonwnt  off  tue  ^zzeaiAtatuieA  off 
tn,&  jtatca  concevnea  aa  wett  a4  off  tne 


*J  we  T& 


ave 


off  ana  mane  att  ncec/ff 


U.  State* 

.>£  ^ybutet 


Fugitive 
slaves  to 
be  deliv 
erect  up. 


New 

Stales 


Territoiy 
and  other 
property  ol 


36  CONSTITUTION   OF   THE    UNITED    STATES. 


Republi- 
can form 
of  govern- 
ment gua- 
rantied to 
every 
Stale. 


Protection 
of  States. 


Amend- 
ments to 
this   Con- 
stitution. 


ana  0ueau*£ation4  le&fiectma  tn 

/  /  # 

or    otner  &'W</ie/it?i'    veeonat&a    to 


jtate6  ;  ana  notnina'  in 
nid  Constitution  &natt  ve  6-0  conAfouca 
d  to  zjvei'Uaice  anu 

0  (7 

or  o 


n 


e 


uat'L    awaiantee  to  eveiu  jtate  i 


in 


£    u  ov= 

einmcnt,    and  6-naw    feiotect     eacn     oi 
them  aaain&t  <jnva&ion  ;  ana  on  Q/(ofi= 

ion    oft    tue    ^keaidtatuie,    or    oi 
v  </  9 

*'        IS        */       CP      '  /  j 
te    (oxecuiive     [wnen    ine    ^&eai&€aiuie 

\  </ 

cannot    ve    convened]     aaaindt    aotne&tic 


*  v. 

«!/  ne  7&ona^e&6)  wnenever  two 
o?>    vot-ft-  €rVMW686    Anatt    deem,  it   nece6= 
,    6-natt  fao/io&e    Q/loinenamentd    to 


CONSTITUTION    OF   THE   UNITED    STATES.  37 


,  or,  on 
tion  oft    tue  £&6g44+atwM4  Of    two 

V  #  V 

tn>e    beveiat    c/tateA-,    A-natt    catt    a 
Convention    ftor    faofio&ina     Q/bwiend^ 
nicn',  in  ettiner*  ^>a6>e,  bnaw  ve 
d  to  att  \Sntent6  and  ZSUI/IOMA,  at 
oft    tni6   ^onAtituhon,  wne 
vu    tne     £&eai6.ta£uie6     off 

tne    beveiat    jtafed,  or    u 

& 

in  tniee  ftowitnd   tneieoft,  a 

tuer-  ^/tfcoae  oft 

ftication  may  ve  fato/ioA.ea  vu  trie 
a'^e6•4  ;    ^r^oviaea  tAat  no  Q/bmenament 
wnicn>  mau  ve  made  faior  to  tne 

<7  f 

&ne  tnou&and  eiaftt  Aunaied  and  eiant 

7  / 

6.n,att  in  any  ^^K>anner  aftiect  tne  fti 
and  ftouvtn     ^>tati,6.e4    in    tne 
section    oft      ttie    ftii&t    Q/biticte  ;     und 
t-faat   no    estate,    witno 
6natt  ve   dc^uved  oft    it'  A-  caaav 
in  trie  <jenate. 


one  or    ne   ouer- 


Proviso 


38  CONSTITUTION   OP   THE   UNITED    STATES. 


Debts  of. 
former 
Govern- 
ment re- 
cognised 


What  con- 
stitutes 
the   su- 
preme law 


Judges 
bound  to 
support. 


Oath  of 
public  offi- 
cers to 
support 
the  Con- 
stitution. 


.  vi. 

confoactea    and    (on= 
enteiea      into,     veffoie      tne 
of   tint  Constitution,  &nat/ 

v-e  0,4  vatic/  aaain&t  £ne  ^tfcnitea  cftatea- 
/ 

aer  tni4  Constitution,  ad    unaer    tne 


U  ntd    loon&tttufoan,  ana    trie 


nwfo  &nai'£  ve 
maae  tn  ¥/  ufy&uance   tneieoff  ;    ana    aw 
<J  leafoea  tnaae,  or  wnicn>  Anatz  v-e  maae, 
wnaer  tne    Q/kutno'iit'U  ojf 


o        ne 


<~2oana  ;    and  tne     £uaae6  in 

bnaw    v-e    vouna 

<J  nina  in    tifce 

*        </ 

oft  any  jtate  to  tne 
w         f 

6-tanainq-. 

/ 

U  'we  *jenato%6  ana 
v-evo'ie  mentioned,  ana  trie  i^vkemvetd  off 
tne    A.eveva'b     c/tate    ^&eai&€atuie6  .    ana 


CONSTITUTION   OF   THE   UNITED   STATES.  39 


.•£6  executive  ana   tuaiciat  (L/%licei4,  votn 
</  ^  j> 

?/ tue  tyunitea  jtatcd  ana  o%  tne  6.eve%a£ 
v  / 

S     S        /   S      /fi   j/ 
ve    €>ouna    wi    (L/at'n>    or 


,  to 


no 


etifJi 


ever  ve  icauiied  aa-    a    o/uatiit/ca^{'on 
anu  Ufiice  or  Siuvtic  *J  iu&t  unaer 

ff  V  V  / 

ed  eft  ate  6. 


.  vii. 

<jn>e  0&atiffication    oft    tne 

ov  nine  c/tated,  ^na€^  ve  6-uwi= 
cient  4or  tne  (od.tavti&nment  ojf  tni6 
T&on&titwtion  vetween  tue  estates  6-0  iati= 
vii  ina  the  cfame. 

in  Convention  v      tne 


oft  trie  cftateo  Si,>ie* 
tent    tne    c/eventeentn,    QDau 

# 

ve'r  in  trie     It-ear  oft  our 
one    tnow&ana     &even  ^u 
a   ana    0iantw  &even    ana    o% 

<7          </  V 


No  reli- 
gious test. 


Ratifica- 
tion of  tht 

Constitu- 
tion. 


When 

formed. 


40 


CONSTITUTION   OP   THE    UNITED    STATES. 


the    *_/naefeenaance    off 

off  Q/bwie^ica  t/ie  <J '  w 
wnewoi    tyre    nave 
v-Acuvea  our 


an 


a 


'u  4 


* 


|  ^Jyatnantet   y  oinawi 
tyvufwA  Uwina 
rr    ?  £fam  ,      fon 
c/n 


a  &vt6a*P 


ona>  : 


omad 

V 


CONSTITUTION   OF   THE   UNITED    STATES. 


41 


<7 


" 


£ 
& 

f 
& 


<? 


> 


Qeo: 

u  tinnin? 


•  / 
cKi 


tun 


'Tc 

.#       ' 


me  &. 


o/  ^Sr/to*  feni/er 


an 


\/°^ 

{> 


Tr. 


C'ri,  .   (2D& 


/ 

Charles  Cotesworth  Pinckney 
ne'U 


Attest  William  Jackson  Secretary 


42  CONSTITUTION   OF   THE   UNITED    STATES. 


The  following  articles  in  addition  to,  and  amendment 
of,  the  Constitution  of  the  United  States  of  America, 
have  been  ratified  by  the  requisite  number  of  States,  and, 
pursuant  to  the  fifth  Article  of  the  original  Constitution, 
have  become  a  part  of  that  instrument. 


-natt 
mane    no  taw  ie&iecti?t>  an 


wient  o%  ietiaio?i,  or  faonivitina  tne 

&  #  /  </  V 

&e  tneieov  ;  or  aviiaaina  tAe  weea'o 

V    '  #        <7  V 


6/ieeca, 

/ 


or  ojf  tne  /we&6  ;  or  tne  want 

V  /  # 

ff  tn>e  faecfate  feeaceavtu  to  a&&ewitLte  ana 
'fce  &  ovevnment  dor  a  leai 


ft 


cie  tne  &econa...QSb  wett  ^ea 

</ 

a}  -v-eina    nece^aiu  to    tne 

T  <7 

-u    oft    a    fiee  jtate,  tne  itant  ffif   w 

,/          V  V  <7  V 

fate  tc  necfe  ana  wear  QWIWIA,  6.natt 

not  ve  inf'Unaea. 
</ 

e     tne     tn{,ta......J\o    jotaie/r 

,    in    time    oft    Sieace    <ve   awaitetiea 
in    anu  now&e,  ivitAout   tne    consent   of 

ff  v 


CONSTITUTION   OP  THE   UNITED   STATES.  43 


tne  &  wrier,  nor  in  time  off  wai,  vat  in 

a  manner  to  ve  fi,^e&c^l^^ea  wit  taw. 
/ 


./    y      ,  /     ^TV      •  y. 

'*  tne   vouitn U  ne  want 

v  </ 

tne  fieofete  to  tie  becuie  in  tneir 

/?  i     ij  '•'  ••, 

nou&ed,  feafoeM,  ana  effffectdj  aaain&t 

//  /  /  x^     // 

iea&ona/fri>e  &gaic/n<e6  ana    &ei$Mie&,  6-natt 

/?         •  /?      /  /  d/l/^ 

not     ve     violated,     ana     no      //  aiianta 

y  /v   •          y  ,     y        y    y  /y 
6natt>    i&&ue,  vat  unon    niovavte  cauae, 

Mt>/i/io%tea     v?t     &atn     or    awwmation, 
/  /  #  I'D 

ana  fiavticutaitu  aebciivina  tne  fitace 

.         /  /     /  /        ,/>         y 

to     we    beawnea,     ana     tne     foeiAond    or 

./•          ,     S        •      / 
ininaA  to  tie  6-eixea. 

(7 


e 


bnati  ve  net  a  to  an&wer  ffo^  a  ca/iitat, 
or  otnerwi&e  i?iftamou6  ciime,  untew  on 
a  fize&ent'ment  or  inaictment  off  a  &  lana 
Jr*wy»  eazce/it  in  cawa  aviAina  in 
tana  or  navat  ffoiced,  or  in  tne 

X*  fl  ...  y 

tia}  ivnen  in    actaat    beivice  in  time  off 
rrar  or      lavtic    daner       nor   Anatt 


e 


s 


Right  to  be 

secure 

from 

searches, 

general 

warrants, 

ic. 


Indict- 
mentg, 
punish- 
inenls.  ic. 


44  CONSTITUTION   OP  THE   UNITED   STATES. 


lildiet- 
ments, 
punish- 
ments, <tc. 


Trial  in 
criminal 
cases,  and 
the   rights 
of  a  defen- 
dant. 


<ve     6.u,£i>ect    tor    tn 
/        # 

offffence  to  ve    twice  fiut  in   teofi 
tiffe  or  timv-  ;    nor  6>n,atz  ve  co 

in  anii-  ^^u^una^  ^>a&e  tc  we  a, 
</ 

aaain&t  nim&e'LJf  ,  nor  ve  defiuvea  off  wffe, 
u,  or  faofeeitu,  without  aue 
ff    taw;    nor    A.nat<L  fat 
ve  taften  ffor  fiwv-uc  u&e 


/  / 

ati 


accu&ea    &naw 
tne  viant  to    a  iA&cfu  ana   fo 

</  /  </  / 

,    via    an    imfiaifoat    /uin    off    tne 
and  at&foict    wrieiein    trie    cwme 
n-att  nave  veen    commiMea,  wnic'fo  ai6= 
t'L  nave  veen   faevtouA^u  a6.cei= 
ea  v?f  taw,  ana    to    ve  inffownea  off 
native  ana  cau&e  off  tfce  acca&ation  ; 
to     ve     conffiontea     witn     tne 
ntm  ;      to    nave 
ovtainina 


CONSTITUTION    OP  THE   UNITED   STATES.  45 


ni4    flavor,    ana    to    nave    tne 
ance  off     &oun&et  ffor  ni6  aeffence. 
Q/tortiC'te    tne   teventn  ..*Sn  j 
common  tatv,  wnere    tne    vaiue  in    con= 
&natt  e&ceea  ttventu  aoitarA,  tne 


^la>nt  off    tuat    tew  /<^W    &naw  ve    Siie= 
&e*ivea,    ana    no  fiact   tuea    tew    a    i>u,iu, 

Anati  ve  otneiwi&e  ie-  examined  in    anu 

# 

^outt    off     tne    ^Ibnitca    jtatet,     tnan 
accozaina  to    two    luted    ojf  tne    common 

f 


aw. 


c€e  tne  eiantn,  .  .  .  fe&ceA'&ive  vait 
wiatt  not  -v-e  leauiiea,  nor  e&ceA&i 
imfeo&ea,  nor  c^ue'6   ana   unubuat  fi 
ibfimentA  infftictea. 

Q/bvticte  t-n,e  nintn,  ..  <J  n,e  enumeration 
in    tne    Constitution,  of   certain    iiantd, 

V  'f 

bfiaw  not  v-e  conbtruea    to  aen'U  or  ai6= 

/laraae  otfcerd  retained  un  tne  /i-eofo'ie. 
f         </  .  </  /     / 

Q/brticte  tne  tentn-.  .....  <J  we  ^lo^cle^l6  not 

aeteaatea  to  tne  tyknitea  jtated  vu  tne 

' 


Trials     in 

civil  cases. 


Bail  and 

tiues. 


Rights  re. 
served. 


Powers  re- 
served   to 

tin:  Xatti 


46 


CONSTITUTION    OP   THE   UNITED    STATES. 


on,   nor    foionivttea    vu    it    to 
/  f 

tAe    jtatea,  aie    le&eivea    to    tne   jtated 

,  or  to  tne  fieofeie. 
Q/biticte    tne    eteventn  .  .  .  .  ^J  ne      /^~ 
iciat    faower    off    tne    ^Cvnitea    c/tate6 
-naw  not  v&  conatvuea   to  e&tena  to  emu 
in    'Law    or    eq,uit'U,  commenced  or 


aaain&t  one  o 
</ 


e 


estates    frit  m?itixen4    of    anotner  cttate, 

g_  V 

or    frit     i?itixen4    or    juvtecta    o%    ann 
</  /  v  a 

t.tfroietan  utate. 
S 

Qwittcte  tne  tuietfftn,.  .  .^/  ne  (otectow 
&naw  meet  in  tneir  ve&faective  btatea, 
ana  vote  vu  v-awot  4or  &iesic/ent  ana 

P  V 

yUice-zlrie&iaent,  one  off  wnom,  at 
Anait  not  ve  an  innavitant  off  t>ne 

dtate  witn,  tnewiwtveA  ;  tneu  6-Aa^  name 

</ 

.#'     /*  w  i    *  /?    s  /  y 

in  tiieir  6at-t>ot4  tue  fiewon  votea  ffor  at 

¥s  le&iaent,  ana    in   ai&tinct 
fai&on    voted  ffor    a4    (sDi 
ana  tnew  bnatt  mane  ai&tinct 


CONSTITUTION   OP   THE   UNITED   STATES.  47 


tt   j^,e^6ond  voted  tor  ad  'ctrte&ident,  ana 
a/t  fietdond  voted  tor  at.  Vl)ice-£rw&(,= 
dent,  and  off    tne  numver  off    voted  ffor 

eacn,  wnicn  tid.td  tneu  d-natt    Man  and 

•  <r 

cevtiffu,  and  tvanwrut  seated  to  tne  6-eat 

ojl  the  aovemment  off  tne  fyknited  jtatet, 
dwected  to  tne  £r^e6.ident  off  tne  jenate; 
-  3  ne  '2r^e6ident  off  t<ne  senate  bnatt, 
in  tne  Sive^ence  off  t-ue  c/enate  and  <z/&o 
off  0lye/t^e6entat{,ve6  ,  often  ati  tne  c 
cate<i  and  tue  voted  bnatt  tnen  ve  count  = 
ed  ;  -  <_/  ne  foez&on  navina  tne  a^eate&t 

'  ff  t7 

nuwifre'r'  off  voted  ffor-  zsieAident,  d-natt 
ve  tne  ^sieAident,  iff  6.ucn>  nuwiver  ve  a 

'A  S     i/*  S    S  /*  J    £>  S 

tnatovttu  oft  tne  wnote  nwmve'r  oft  (etec^ 

0  {7       v  v 

to^6  afi/iomted  ;  and  iff  no  fiei&on  nave 
A-ticn,  maioiit'U,  tnen  ffzom  tne  faeiAond 
navina  tne  nianett  numverd  not  exceed= 

<7  X 

ina  twee  on  tne  titt  o%  tno&e  voted  for 

0  V  V 


ad      r%e&en       ne 


bentatived  d-naw  cnoote  im'mediatet'u  ,  vw 


ifanner  of 
electing 
the  Presi- 
dent and 
Vice-Pres- 
ident. 


48  CONSTITUTION    OP   THE   UNITED    STATES. 


Manner  of 
electing 
the  Presi- 
dent and 
Vice-Pres- 
ident. 


X 
faif&J,  tiie  ^  le&ident .     ¥/dat  in  cnooatna 

tne  & w&iaent ,  tne  voted  6-naw ve  tanen 

v-w  &tate&,  tne  lefae&entatton    worn  eacn 

/?      .  / 

6-tate    navina    one    vote;    a  gMoiuin   for 

<y  #  v  , 

,/>•     ,      y          y  />/>         •  ,    y  y7 

tni6  nttifiode  6-na€/£  con&i&t  off  a  wiewifce 

/?          /  /?  •    / 

•ttefyd    't-iowb    tw-o  -tniiad 
/ 

/  'i.      y    j?/  iS 

ana  a  wia  tomtit  oft  a€€  tne 

/  /       V 

/  //  /  *          /  • 

natt  we  neceA-baity  €c    a  cnoice. 


not   cn,oo&e    a>    c/  le&iaent    wnenever- 
ant    o%     cnoice     &.n>aw     aevotve     u/ion 

V  ' 

,  v-effoie  tne  vouvt'fo  aau  off  *_sv& 
next    </ott>o'tv-ing>  .    tnen    tne 

V  </ 

dent  &n>at'C  act  aa  zsie&iaent,  a6  in  tne 
ca&e  off  tne  aeat-n  or  otner  conbtituttonai 

u  o4  tne  zsie&iaent.  --  <J  ne 
p 


avtna  tne    a^eate&t  num&e'r  o% 
<?''.*  l> 

voted    a6  ^Uice-^rie^iaent)  &na&  ve    tne 

fie6.iaent)  iff   &ucn    nwmve'r  ve 

•i      s  A/*       /  y  y7      y  j5>  /? 

tu  off  tne  wnote  number  off  <&tec 

o^6  afifeomtea,  ana  iff  no  fiei&on  nave  a 


CONSTITUTION    OF   THE    UNITED    STATES. 


49 


,    tnen  jwm    t/te    two 
veiA  on  t/ic>  t^At,  trie  J  enate   buatt 


ana    a  matoiitu  o 
f       f 


cnoo&e    tne    U(}tce-¥sve6.iaent;    a  a 

dor-  tne  fetwho&e  6-nati    conbibt  off    two* 

y    fl       fl  fl  /*       y  Cf 

off  tne  wnot>e  nuwiver  off  <Jenato^6, 

^       /  /  / 

tne  iv note   nurWivef 

tf    *  S775 

to    a   cnoice.        <y<3ut 

no  foci&on  con^tittttiona-ft^u  inetiaiv-te  to 

if    yy      y  ^2r      *v    x    ^  //  S    /•   '// 
tne  owice  ov  ^sieMdent  Anat'C  ve  etiaivte 

//     /  y 

to     tnat     <?/    ^Utce  -  £/^eA.ia/ent     off     tne 
nited  jtatet. 


Agreeable  to  the  third  paragraph  of  Art.  II.  Section 
I.  of  the  original  Constitution,  Congress  passed  a  law  on 
the  23rd.  of  January,  1845,  "  that  the  electors  of  President 
and  Vice-President  shall  be  appointed  in  each  state  on 
the  Tuesday  next  after  the  first  Monday  in  the  month  of 
November  of  the  year  in  which  they  are  to  be  appointed. 
Provided,  That  each  state  may  by  law  provide  for  the 
filling  of  any  vacancy  or  vacancies  which  may  occur  in 
its  college  of  electors  when  such  college  meets  to  give  its 
electoral  vote.  And  provided  also,  When  any  state  shall 
have  held  an  election  for  the  purpose  of  choosing  electors, 
and  shall  fail  to  make  a  choice  on  the  day  aforesaid,  then 
the  electors  may  be  appointed  on  a  subsequent  day  in 
such  manner  as  the  state  shall  by  law  provide."* 

Note.  The  Articles  in  addition  to,  and  amendment  of,  the  Constitution,  have  been  numbered 
in  the  order  of  tueir  adoption,  (not  as  proposed).  The  llth  and  12th  Articles  were  written 
on  separate  pieces  ot  parchment,  and  were  not  numbered,  when  proposed ;  they  have  assumed 
the  above  titles  by  their  adoptiou. 

~~5~  D 


INDEX    TO    THE    U.  S.  CONSTITUTION. 


51 


INDEX 

TO  THE 

CONSTITUTION  OF  THE  UNITED  STATES. 

A. 

Art. 

Sec. 

Page 

ARTS  AND  SCIENCES,  to  be  promoted        .... 

1 

8 

18 

ACTS,  records,  and  judicial  proceedings  of  each  Slate  entitled 

to  faith  and  credit  in  other  States  .... 

4 

1 

34 

AMENDMENTS  to  the  Constitution,  how  made  -        -        - 

5 

1 

36 

«                             "               made           ... 

_ 

- 

42 

APPOINTMENTS,  to  be  made  by  the  President    ... 

2 

2 

28 

APPORTIONMENT  of  Representatives          .... 

1 

2 

6 

APPROPRIATIONS  by  law         ...... 

1 

9 

22 

APPROPRIATION  TOR  ARMY,  not  to  exceed  two  years- 

1 

8 

18 

ARMIES,  Congress  to  raise  and  support    .... 

1 

8 

18 

ARMS,  right  of  the  people  to  keep  and  bear      ... 

2 

A* 

42 

ASSEMBLE,  people  may  ------- 

1 

A* 

42 

ATTAINDER,  bill  of,  prohibited  to  Congress      ... 

1 

9 

21 

•«             prohibited  to  the  States        .... 

1 

10 

23 

"             of  treason,  shall  not  work  corruption  of  blood, 

or  forfeiture,  except  during  the  life  of  the 

person  attainted      -         ... 

3 

3 

33 

B. 

BAIL,  excessive,  not  required  ----.. 

8 

A" 

45 

BANKRUPTCY  laws  to  be  uniform    ..... 

1 

8 

17 

BILLS  for  raising  revenue,  shall  originate  in  the  House  of 

Representatives       ...... 

1 

7 

14 

"      before  they  become   laws,  shall  be  passed  by  both 

Houses,  and  approved  by  President  ;  or,  if  dis- 

approved, shall  be  passed  by  two-thirds  of  each 

House  ........ 

1 

7 

14 

"      not  returned  in  ten  days,  unless  an  adjournment  in- 

tervene, shall  be  laws       ..... 

1 

7 

5 

BORROW  MONEY,  Congress  may       -         -         -         ..-',*, 

1 

8 

16 

*  A  stands  for  AMENDMENT. 

INDEX    TO    THE    U.   S.  CONSTITUTION. 


Art.     Sec.     Page 

c. 

CAPITATION  TAX,  apportionment  of.     (See  also  v.  Wheat.     1         9         21 

317;  iii.  Dall.  171.)* 

CENSUS,  or  enumeration,  to  be  made  every  ten  years  -     1         2 

CITIZENS  of  each  State  shall  be  entitled  to  the  privileges 

and  immunities  of  citizens  in  the  several  States.    (See     4         2         34 
also  iv.  Johns'  Chancery  Reports,  430.)* 
CLAIMS,  no  prejudice  to  certain        -                                    -    4         3         36 
CLAIMS  of  the  United  States,  or  of  the  several  States,  not 
to  be  prejudiced  by  any  construction  of  the  Consti- 
tution          43         36 

COASTING  TRADE,  regulations  respecting  -         -         -         -     1         8         17 

"             "        no  preference  given      ----19! 
COINS,  Congress  fix  value  of  foreign        ....     1         8         17 
COMMERCE,  Congress  to  regulate      -         -        -         -         -1         8         17 
"            regulations  respecting,  to  be  equal  and  uniform     1         9         21 
COMMISSIONS,  to  be  granted  by  the  President                      -     2         3         30 
COMMON  LAW,  recognised  and  established          -         -        -     7         Af      45 
CONGRESS,  vested  with  power          -----l          l  5 
"         may  alter  the  regulations  of  State  Legislatures 
concerning  elections  of  Senators  and  Repre- 
sentatives, except  as  to  place,  of  choosing  Sena- 
tors   14         11 

"         shall  assemble  once  every  year          -        -         -     1         4         11 
"         officers  of  Government  cannot  be  members  of    -     1         6         14 
"         may  provide  for  cases  of  removal,  death,  &c.,  of 

President  and  Vice  President  -     2         1         26 

"         may  determine  the  time  of  choosing  electors  of 

President  and  Vice  President  -     2         1         25 

"         may  invest  the  appointment  of  inferior  officers 

in  the  President  alone,  in  the  courts  of  law, 

or  the  Heads  of  Departments  -     2         2         29 

u         may  establish  courts  inferior  to  the  Supreme 

Court         -         -        -         -         -         -         -31         30 

«         may  declare  the  punishment  of  treason      -         -     3         3         33 
"         may  prescribe  the  manner  of  proving  the  acts 

and  records  of  each  State     ....    4         1         34 

«         to  assent  to  the  formation  of  new  States    -         -     4         3         35 
"         may  propose  amendments  to  Constitution,  or  call 

a  Convention      .----.5         1         36 

"         to  lay  and  collect  taxes,  duties,  pay  debts,  &c.     1         8         17 
(See  also  v.  Wheat.  317.)* 

*.Reports  of  judicial  decisions;  for  Lawyers  and  Legislators.  f  Amendment. 


INDEX    TO    THE    U.  S.  CONSTITUTION. 


53 


CONGRESS  to  borrow  money.     (See  also  ii.  Pet.  465.) 


Art. 
1 


to  regulate  commerce.     (See  also  ix.  Wheat.  I ;     1 

xvii.  Johns,  488.) 

to  establish  uniform  laws  of  bankruptcy  and  natu- 
ralization. (See  also  ix.  Wheat  1 ;  xvii.  483 ;     1         8         17 

L  Pet.  251 ;  iv.  Wash.  C.  C.R.  317;  vi.  Pet 

515;  ii.  Wheat.  269;  iv.  Wheat  122,  192, 

209  ;  xii.  Wheat.  213;  xx.  Johns,  693.) 
to  coin  money,  regulate  the  value  of  coin,  and  fix 

a  standard  of  weights  and  measures       -         -     1         8         17 
to  punish  counterfeiting  ----IS         17 

to  establish  post  offices  and  post  roads      --18         18 
to  authorize  patents  to  authors  and  inventors.     1         8         18 

(See  also  iii.  Wheat.  Ap.  2,  p.  vii.  Wheat  356.) 
to  constitute  tribunals  inferior  to  the  Supreme 

Court     (See  also  i.  Pet.  546.)      ...     1         8         18 
to  define  and  punish  piracies,  felonies  on  the 

high  seas,  and  offences  against  the  laws  of 

nations.    ( See  also  iii.  Wheat  336;  v.  Wheat     1         8         19 

76,  153,  186.) 
to  declare  war,  grant  letters  of  marque,  and  make 

rules   concerning   captures.     (See   also   viii.     1         8         19 

Cranch,  110,  154.) 

to  raise  and  support  armies      -         -    .     -         -1         8         18 
to  provide  and  maintain  a  navy.     (See  also  iv.     1         8         19 

Binn.  487.) 
to  make  rules  for  the  government  of  the  army 

and  navy   -.-----1         8         19 
to  call  out  the  militia  in  certain  cases.     (See  also     1         8         19 

v.  Wheat.  1 ;  xix.  Johns,  7.) 
to  organize,  arm,  and  discipline  militia.     (See     1         8         19 

also  iii.  8.  &  R.  169 ;   v.  Wheat  1 ;  xix. 

Johns,  7.) 

to  exercise  exclusive  legislation  over  seat  of  Gov- 
ernment    (See  also  v.  Wheat  317,  324  ;  vi.     1         8         19 

Wheat.  440  ;  xvii.  Johns,  225.) 
to  pass  laws  necessary  to  carry  the  enumerated 

powers  into  effect.     (See  also  iv.  Wheat  413;     1         8         20 

vi.  Wheat.  204.) 
limitations  of  the  powers  of.     (See  also  i.  Wash.     1         9         20 

C.  C.  R.  500.) 

to  dispose  of,  and  make  rules  concerning  the  ter- 
ritory or  other  property  of  the  United  States     4         3         35 


54 


INDEX    TO    THE    U.  S.  CONSTITUTION. 


Art. 

Sec. 

Page 

CONGRESS,  President  may  convene  and  adjourn  in  certain 

cases          -        - 

2 

3 

29 

CONSTITUTION,  how  amended         ..... 

5 

1 

36 

"              laws  and  treaties,  declared  to  be  the  su- 

preme law  ------ 

6 

1 

38 

"              rendered  operative  by  the   ratification  of 

nine  States.     (See  also  v.  Wheat.  422.) 

7 

1 

39 

CONTRACTS,  no  law  impairing         - 

1 

10 

23 

CONTENTIONS,  for  proposing  amendments  to  the  Constitu- 

tion        ....... 

5 

1 

37 

COUNTERFEITING,  Congress  to  provide  for  punishment 

1 

8 

17 

COURT,  Supreme,  its  original   and   appellate  jurisdiction. 

3 

2 

32 

(See  also  v.  Serg.  &  Rawle,  544;  i.  Binney,  138; 

i.  Wheat.  327  ;  vii.  Pet.  276.) 

COURTS,  inferior  to  the  Supreme  Court,  may  be  ordained  by 

Congress          ....... 

1 

8 

18 

Ditto                                    ditto      ... 

3 

1 

30 

CRIMES,  persons  accused  of,  fleeing  from  justice,  may  be  de- 

manded.    (See  also  iv.  Johns'  Chanc.  Rep.  106.) 

4 

2 

34 

"        how  to  be  tried  ------- 

3 

2 

32 

CRIMINAL  PROSECUTIONS,  proceedings  in  cases  of    - 

6 

A« 

44 

D. 

DEBTS,  against  the  Confederation,  to  be  valid    -         -         - 

6 

1 

38 

DUTIES,  to  be  laid  by  Congress,  and  to  be  uniform   - 

1 

8 

17 

"         further  provision  respecting         - 

1 

9 

21 

"         cannot  be  laid  by  the  States        -       k»  _  4  •    - 

1 

10 

23 

"         on  exports  prohibited         ..... 

1 

9 

21 

"         on  imports  and  exports,  imposed  by  States,  shall 

inure  to  the  Treasury  of  the  United  States 

1 

10 

23 

E. 

ELECTIONS,  of  Senators  and  Representatives,  shall  be  pre- 

scribed by  the  States          .... 

1 

4 

11 

"          qualifications  and  returns  of  members  of  Con- 

gress, to  be  determined  by  each  House    "••'•  '• 

1 

5 

12 

ELECTORS  of  President  and  Vice  President,  how  chosen, 

and  their  duties  -         -         -         .  ,      .«"!  t 

2 

1 

24 

"         altered-        -  •  •••  «•  -\  v.  ».  •*-.'  '»*        - 

12 

A* 

46 

"         to  vote  the  same  day  throughout  the  U,  States  - 

2 

1 

25 

«        no  Senator,  or  Representative,  or  public  officer, 

shall  serve  as      

2 

1 

25 

*  A  stand*  for  AMENDMENT. 

INDEX    TO    THE    U.  S.  CONSTITUTION. 


_  

Art. 

See. 

Page 

_ 

1 

2 

7 

EXECUTIVE  POWER  vested  in  a  President    (See  President) 

2 

1 

24 

__                          «     .        j 

1 

9 

21 

"        and  imports,  States  prohibited  from  laying  duties 

1 

10 

23 

Ex  POST  FACTO  LAW,  none  shall  be  passed.     (See  also  iii. 

I 

9 

21 

Ball.  386,  396  ;  vi.  Binn.  271.) 

«        u        "      prohibited  to  States  - 

1 

10 

23 

F. 

FISES,  excessive,  prohibited    ------ 

8 

A* 

4 

FUGITIVES,  from  justice,  to  be  delivered  up 

4 

2 

34 

"          from  service,  may  be  reclaimed       -     _  •      '  *. 

4 

2 

35 

H. 

HABEAS  CORPUS,  writ  of,  can  only  be  suspended  in  cases  of 

rebellion  or  invasion  -        -        -        - 

1 

9 

21 

HOUSE  OF  REPRESENTATIVES.     (See  Representatives.') 

u      each  may  expel  a  member,     (i.  Hall's  Am.  Law 

Journal,  459.) 

I. 

IMPEACHMENT,  to  be  brought  by  House  of  Representatives  - 

1 

2 

8 

'        Ik         *K         t2               t 

1 

3 

10 

"            judgment  on    - 

1 

3 

10 

"             all  civil  officers  liable  to    - 

2 

4 

30 

IMPORTATION  OF  SLAVES,  not  prohibited  till  1808       • 

1 

9 

20 

J. 

JUDGES,  shall  hold  their  offices  during  good  behavior.     (See 

also  i.  Pet.  546.)     

3 

1 

31 

JUDICIART,  tribunals  inferior  to  Supreme  Court  may  be 

created     ------- 

1 

8 

18 

JUDGES,  their  compensation.     (See  also  vii.  Johns'  Ch.  R., 

3 

1 

31 

303;  i.  Wheat.  327;  i.  Pet  546.) 

JUDICIAL  POWER,  vested  in  a  Supreme  Court,  and  courts 

inferior    ------ 

3 

1 

30 

"              powers  of  the  Judiciary.     (See  Amend- 

3 

2 

31 

ments,  Art  xi.  ;  ii.  Ball.  297  ;  vi.  Wheat 

264,  405;  ix.  Wheat  819;  iv.  Wash. 

C.C.R.371;  i.  Pet.  512;  ii.  Pet  251; 

iii.  Pet  289  ;  vii.  Pet.  276  ;  and  Act 

of  Congress,  1789.) 

*  A  stands  for  AMENDMENT. 

56 


INDEX    TO    THE    U.  S.  CONSTITUTION. 


Art. 

Sec. 

Page 

JUDICIAL  POWER,  restriction  as  to-suits  against  a  State.  (See 

11 

A* 

46 

also    vi.  Wheat.  402;    Pet  110;  vii. 

Pet.  627.) 

JUDICIAL  PROCEEDINGS  of  each  State  are  entitled  to  faith 

and  credit  in  every  State  -     -  - 

4 

1 

34 

JUKI  TRIAL  secured,  and  shall  be  held  in  the  State  where 

the  crime  shall  have  been  committed  - 

3 

2 

32 

"           further  regulated  ------ 

6 

A* 

44 

«           secured  in  suits  at  common  law  where  the  value 

in  controversy  shall  exceed  twenty  di  liars. 

7 

A* 

45 

(See  also  viii.  Wheat.  85,  674.) 

L. 

LAW,  what  is  declared  the  supreme          -         - 

6 

1 

38 

LAW,  COMMON,  recognised  and  established         ... 

7 

A* 

44 

LAWS,  President  to  see  them  faithfully  executed 

2 

3 

30 

LEGISLATIVE  POWERS,  vested  in  Congress.  (See  Congress.) 

LOANS,  authority  to  make        -         -         - 

1 

8 

20 

M. 

MARQTTE  AND  REPRISAL,  letters  of  - 

1 

8 

18 

MILITIA  to  be  called  out,  armed,  &c.,  by  Congress  - 

1 

8 

19 

"        to  be  officered  by  the  States        -         ... 

1 

8 

19 

"        to  be  commanded  by  President  -         -         -         - 

2 

2 

27 

"        their  right  to  keep  and  bear  arms  secured     - 

2 

A* 

42 

MONET  shall  be  drawn  from  the  treasury,  only  by  appro- 

priation laws  ------- 

1 

9 

22 

"       Congress  to  coin  and  regulate  value      - 

1 

8 

17 

"       States  cannot  make    ------ 

1 

10 

23 

N. 

NATURALIZATION,  uniform  rules     ...        i.      . 

1 

8 

17 

NAVT,  Congress  to  provide  and  govern              - 

1 

8 

19 

NOBILITY,  titles  of,  shall  not  be  granted  by  the  U.  States  - 

1 

9 

22 

nor  by  the  States  ----.. 

1 

10 

23 

O. 

OFFICERS,  of  House  of  Representatives  shall  be  chosen  by 

the  House  ------- 

1 

2 

8 

"          of  the  Senate  shall  be  chosen  by  the  Senate 

1 

3 

10 

"          civil,  may  be  removed  by  impeachment     - 

2 

4 

30 

ORDER  of  one  House,  requiring  the  concurrence  of  the 

other    ...        4  *   '-*  .;  •    - 

1 

7 

16 

*  A  stands  for  AMENDMENT. 

i 

INDEX    TO    THE    U.  S.  CONSTITUTION. 


57 


OATH,  of  the  President   - 
"      of  the  public  officers    - 


Art.     Sec.     Page 

-  2         1         27 

-  6         I         38 


P. 


PARDONS,  President  may  grant         -----2  2  28 

PATENTS  to  be  granted  to  inventors          -         -        -        -1  8  18 

PETITION,  right  of          .......     1  A*  42 

PERSONS  held  to  labor  or  service,  their  importation  or  mi- 
gration into  the  United  States  may  be  prohib- 
ited after  1808 1  9  20 

"         escaping  from  one  State  to  another,  shall  be  de- 
livered up  to  those  entitled  to  service      -         -4  2  37 
PIRACY,  Congress  to  prescribe  punishment        ...     1  8  18 
POST  OFFICES  AND  posr  ROADS,  establishment  of       -        -     1  8  18 
POWERS  not  delegated  to  Congress,  nor  prohibited  to  the 

States,  are  reserved.     (See  also  i.  Wheat.  325.)   10  A*  45 
"        Legislative.     (See  Congress.') 
"        Executive.     (See  President.) 
"         Judicial.     (See  Judicial.) 

PREAMBLE.     (See  also  i.  Wheat.  324,  and  v.  Wheat.  420.)  6 

PRESENTS  from  foreign  powers  to  public  officers  prohibited     1  9  22 

PRESS,  freedom  of  -        -        -'•',"-         -        -         -     1  A*  42 

PRESIDENT  or  THE  U.  8.  vested  with  the  Executive  power     2  1  24 

"             "               shall  be  chosen  for  four  years      -     2  1  24 

«             "               how  elected       ....     2  1  24 

"             "               same        -   -     -.      U--     •.,      .  12  A*  46 

"             «               qualifications  for         -         -         -     2  1  25 

«            "              who  shall  act  in  case  of  vacancy    2  I  26 

"             *               compensation  of         ...     2  1  26 

"            "              shall  take  an  oath  of  office           -    2  1  27 

u            "              may  be  removed  by  impeachment    2  4  30 

PRESIDENT,  commander  of  army,  navy,  and  militia   -        -     2  2  27 

"  may  require  the  written  opinions  of  the  heads 

of  Departments        .....2  2  28 

"           may  reprieve  and  pardon                                  -     2  2  28 

"           may  make  treaties,  with  consent  of  the  Senate     2  2  28 
"          may  appoint  to  office,  with  the  consent  of  the 

Senate    -        -    _,...•   ,-.«-^.        .        -     2  2  28 
"           shall  fill  up  vacancies  happening  during  the  re- 
cess of  the  Senate    -        ...        -     2  2  29 
."          shall  give  information  to  Congress,  and  recom- 
mend measures        -----23  29 


*  A  stands  Tor  AMENDMENT. 


3* 


58 


INDEX    TO    THE    U.   S.  CONSTITUTION. 


Art. 

Sec. 

Page 

PRESIDENT   may  convene  both  Houses,  or  either  House    - 

2 

3 

29 

"           may  adjourn  them  in  case  of  disagreement 

2 

3 

29 

"           shall  receive  ambassadors  and  public  ministers 

2 

3 

30 

«          shall  take  care  that  the  laws  be  faithfully  exe- 

cuted     -        - 

2 

3 

30 

«          shall    commission    all    officers.      (See    also 

2 

3 

30 

i.  Cranch,  137.) 

PRIVILEGES  and  immunities  of  members  of  Congress 

1 

6 

13 

"          of  citizens.     (See  Citizens,  also  Rights.) 

PROPERTY,  Congress  to  provide  for  care  of  public  property 

4 

3 

36 

"           shall  not  be  taken  for  public  use  without  just 

compensation    - 

5 

A* 

43 

PUNISHMENTS,  cruel  and  unusual,  prohibited     ... 

8 

A* 

45 

Q- 

QUORUM,  for  business,  what  shall  be        -        - 

1 

5 

12 

"         of  States,  in  choosing  a  President  by  the  House 

of  Representatives          ..... 

12 

A* 

48 

QUARTERED,  no  soldier  to  be  quartered  on  a  citizen  - 

3 

A« 

42 

R. 

RECEIPTS  and  expenditures,  accounts  of,  to  be  published    - 

1 

9 

22 

RECORDS,  how  to  be  authenticated.     (See  also  vii.  Cranch, 

4 

1 

34 

481  ;  iii.  Wheat.  234;  vi.  Wheat.  129  ;  i.  Pet. 

81,  352;  x.  Serg.  &  Rawle,  242.) 

RELIGION,  no  law  to  be  made,  free  exercise  of.     (See  also 

1 

A» 

42 

iii.  Yeates,  520.) 

"         religious  test  not  required         .... 

6 

3 

39 

REPRIEVES,  granted  by  the  President         .... 

2 

2 

28 

REPRESENTATIVES,  HOUSE  OF,  composed  of  members  chosen 

every  second  year.     (See 

1 

2 

6 

also  v.  Wheat.  422.) 

"                         "           qualifications  of  inhabitants  - 

2 

7 

M                         "           qualifications  of  members 

2 

6 

"                         "           apportionment  of 

2 

6 

•*                         u           vacancies,  how  supplied 

2 

8 

«                         «           shall  choose  their  officers     - 

2 

8 

"                         «           shall  have  the  power  of  im- 

- 

peachment      ... 

1 

2 

8 

«                         "           shall  be  the  judge  of  the  elec- 

tion and  qualifications  of 

its  members    ... 

1 

5 

11 

*  A  stands  for  AMENDMENT. 

INDEX    TO    THE    U.  S.  CONSTITUTION. 


59 


REPRESENTATIVES,  HOUSE  OF,  what  shall  bo  a  quorum 

«  "  any   number    may   adjourn 

and  compel  the  attendance 

of  absentees    - 

«  «          may  determine  the  rules  of 

proceeding      - 

«  «          may  punish  or  expel  t  member 

«  "          shall  keep  a  journal  and  pub- 

lish the  same  - 

«  «          shall  not  adjourn  for  more 

than  three  days,  nor  to  any 

other  place,  without  the 

consent  of  the  Senate 

«  «          one-fifth  may  require  the  yeas 

and  nays        W 
M  «          shall  originate  bills  for  rais- 

ing revenue    - 
a  «          compensation   to   be    ascer- 

tained by  law  - 
«  «          privileged  from  arrest,  except 

in  certain  cases 

REPRESENTATIVES,  shall  not  be  questioned  for  speech  or 

debate  in  the  House       ... 

«  shall  not  be  appointed  to  office   - 

"  shall  not  serve  as  electors  of  President 

«  and  direct  taxes  apportioned  according 

to  numbers.  (See  also  v.  Wheat.  317.) 

REPRESENTATION  of  a  State,  vacancies  in,  supplied  until  a 

new  election  by  executive  authority    - 

RESOLUTION,  order,  or  vote,  requiring  the  concurrence  of 

both  Houses,  to  undergo  the  formalities  of 

bills 

REVENUE  BILLS,  to  originate  in  House  of  Representatives  - 
RIGHT*  OF  THE  CITIZEN  declared  to  be — 

privileges  of  citizens  of  die  seve- 
ral States    .      "•'. 
u  «  liberty  of  conscience  in  matters 

of  religion   - 

u  u  freedom  of  speech  and  of  the 

press  -        .... 
"  "  to  assemble  and  petition  - 


Art. 
1 


.     1 


See.     Page 
5          12 


-     1 


.     1 


.     1 


-     4 


.     1 


12 


12 


5  13 

5  13 
7  14 

6  13 
6  13 

6  13 

6  14 

1  25 

2  6 
2  8 


7         16 
7         14 


2  34 

A*  42 

A»  42 

A"  42 


*  A  glands  for  AMENDMENT. 


bO 


INDEX    TO    THE    T7.  S.  CONSTITUTION. 


Art. 

1 


RIGHTS  OF  THE  CITIZEN  to  keep  and  bear  arms 

"  "  to  be  exempt  from  the  quartering 

of  soldiers  -     3 

"  "  to  be  secure  from  unreasonable 

searches  and  seizures.     (See     4 
also  iii.  Cranch,  448,  453  ;  vi. 
Binney,  316.) 

"  "  to  be  free  from  answering  for  a~ 

crime,  unless  on  presentment 
or  indictment  of  a  jury  - 

"  "  not  to  be  twice  jeoparded  for  the 

same  offence         ... 

"  "  not  to  be  compelled  to  be  a  wit- 

ness against  himself 

"  "  not  to  be  deprived  of  life,  liberty, 

or  property,  without  due  course 
of  law  -  ... 

"  "  private  property  not  to  be  taken 

for  public  use  - 
(See  also  iii.  Yeates,  362 ;  vi. 
Binn.  509;  ii.  Ball.  312;  i. 
Serg.  &  R.  382 ;  vi.  Cowen, 
530 ;  vii.  Pet.  243.) 

*  "in   criminal   prosecutions,   shall 

enjoy  the  right  of  a  speedy 
trial  by  jury,  with  all  the 
means  necessary  for  his  de- 
fence -  -  ..._  ,>  (  -  6 

"  "  in  civil  cases,  trial  to  be  by  a  jury, 

and  shall  only  be  re-examined 
according  to  common  law  -  7 

"  "  excessive  bail  shall  not  be  re- 

quired,excessive  fines  imposed, 
nor  cruel  or  unusual  punish- 
ments inflicted  -  -  -  8 

«  "  enumeration    of   certain   rights 

shall  not  operate  against  re- 
tained rights         -         -         -     9 
RULES,  each  House  shall  determine  its  own      -2,      -        -     1 


S. 
SEAT  or  GOVERNMENT,  exclusive  legislation     - 


-     1 


Sec.  Page 

A*  42 

A*  42 

A*  43 


A*  43 

A*  44 

A*  44 

A*  44 

A*  44 


A*  44 

A*  45 

A*  45 

A*  45 

5  12 

8  19 


*  A  stands  for  AMENDMENT. 


INDEX    TO    THE    U.   S.   CONSTITUTION. 


61 


Art.  Sec.  "Page 

SEARCHES  AND  SEIZURES,  security  against        -         -         -4  A*  43 

SENATE,  composed  of  two  Senators  from  each  State                 1  3  8 

"         how  chosen,  classed,  and  terms  of  service                   1  3  8 

"         qualifications  of  Senators  -----13  9 

«         Vice  President  to  be  President  of       -         -        -     1  3  9 

"         shall  choose  their  officers  -----13  10 

"         shall  be  the  judge  of  the  elections  and  qualifica- 
tions of  its  members        -        -        -        -        -1  5  11 

"         what  number  shall  be  a  quorum          -         -        -     1  5  12 
"         any  number  may  adjourn,  and  compel  attendance 

of  absentees  -------1  5  12 

"         may  determine  its  rules      -----1  5  12 

"         may  punish  or  expel  a  member  -         -*-        -1  5  12 
"         shall  keep  a  journal  and  publish  the  same,  except 

parts  requiring  secrecy    •".'    <.---!  5  12 
"         shall  not  adjourn  for  more  than  three  days,  nor  to 
any  other  place,  without  the  consent  of  the  other 

House 1  5  13 

"         one-fifth  may  require  the  yeas  and  nays       -         -     1  5  12 
"         may  propose  amendments  to  bills  for  raising  reve- 
nue     -         -         »   -     •        ..  _  .        .        -     1  7  14 
"         shall  try  impeachments      -         -    .'.'  *.  .-    -        -     1  3  10 
"         effect  of  their  judgment  on  impeachment                     1  3  10 
"         compensation  to  be  ascertained  by  law         -         -     1  6  13 
"         privileged  from  arrest          -         -         -         -         -1  6  13 

"         not  questioned  for  any  speech  or  debate                      1  6  13 

"         shall  not  be  appointed  to  office  -         -         -         -1  6  14 

"         Senator  shall  not  be  elector        -        -         -        -     2  1  25 

SENATORS  AND  REPRESENTATIVES,  elections  of,  how  pre- 
scribed        -         -         -         -        -         -         -1  4  11 

SLAVES,  their  importation  may  be  prohibited  after  1808      -     1  9  20 
escaping  from  one  State  to  another,  may  be  re- 
claimed.    (See  also  ii.  Serg.  &  Rawle,  206;     4  2  35 
iii.  8.  &  R.  4;  v.62;  i.  Wash.  Circuit  Court 
Reports,  500.) 

SOLDIERS  not  quartered  on  citizens  -         -         -        •        -     3  A*  42 

SPEAKER,  how  chosen    -----.-12  8 

SPEECH,  freedom  of-------l  A*  42 

STATES  PROHIBITED  FROM — 

entering  into  treaty,   alliance,   or  confederation ; 

granting   letters    of    marque;   coining  money      1  10  23 

*  A  stands  for  AMENDMENT. 


62 


INDEX    TO    THE    U.  S.  CONSTITUTION. 


STATES  PROHIBITED  FROM — 

emitting  bills  of  credit ;  making  anything  a  ten- 
der but  gold  and  silver  coin  ;  passing  bills  of  at- 
tainder, ex  post  facto  laws,  or  laws  impairing 
contract;  granting  titles  of  nobility  ... 
laying  duties  on  imports  and  exports.     (See  also 
iv.  Wheat.  122,  209,  518;  v.  Wheat.  420;  vi. 
Wheat.  131 ;  viii.  Wheat.  84,  92, 256,  note  464; 
xii.  Wheat.  213,  370;    xvi.  Johns,  233;  xii. 
Mass.  16;  vii.  Johns,  Ch.  R.  297;  ii.  Cowen, 
626;  i.  Rawle,  181 ;  iv.  Pet.  41 1,  514;  vii.  Pet. 
469,  viii.  Pet.  40.) 
laying  duties  on  tonnage     ..... 

keeping  troops,  or  ships  of  war,  in  time  of  peace   - 
entering  into  any  agreement  or  contract  with  an- 
other State,  or  a  foreign  power          ... 
engaging  in  war         ...... 

STATES,  new,  may  be  admitted  into  the  Union 

"         may  be  formed  within  the  jurisdiction  of  others,  or 
by  the  junction  of  two  or  more,  with  the  consent 
of  Congress  and  the  Legislatures  concerned 
STATE  JUDGES  bound  to  consider  treaties,  the  constitution, 

and  the  laws  under  it,  as  supreme  - 

STATE,  guarantied  a  republican  form  of  government ;  pro- 
tected by  United  States    - 

SUPREME  COURT.     (See  Court,  and  Judiciary.) 
SUITS  AT  COMMON  LAW,  proceedings 

T. 

TAX,  DIRECT,  according  to  representation          -         -         -     1 
«  shall  be  laid  only  in  proportion  to  census      -     1 

(See  also  v.  Wheat.  317 ;  iii.  Ball.  171.) 
TAX,  on  exports,  prohibited     ......     1 

TENDER,  what  shall  be  a  legal 1 

TERRITORY,  or  public  property,  Congress  may  make  rules 

concerning      ......     4 

TEST,  religious,  shall  not  be  required  -     G 

TITLES.     (See  Nobility.') 

TITLE  from  foreign  State  prohibited  -     1 

TREASON,  defined  --------3 

"         two  witnesses,  or  confession,  necessary  for  con- 

viction        .......3 


Art.     Sec.    Page 


-     4 


-     6 


-    4 


-     7 


10         23 
10         23 


10 
10 

10 

10 

3 


9         21 
10         23 


3:3 


*  A  stands  for  AMENDMENT 


INDEX    TO    THE    U.  S.-CONSTITUTION. 


G3 


Art. 

See. 

Page 

TREASOX,  punishment  of,  may  be  prescribed  by  Congress  - 

3 

3 

33 

TREASURT,  money  drawn  from,  only  by  appropriation 

1 

9 

22 

TREATIES,  how  made     ....... 

2 

2 

28 

"          the  supreme  law    ...... 

6 

1 

38 

"         State  cannot  make                  .... 

1 

10 

23 

V. 

VACANCIES,  happening  during  the  recess,  may  be  filled  tem- 

porarily by  the  President   - 

2 

2 

29 

"           in  representation  in  Congress,  how  filled 

1 

2 

8 

VETO  OF  THE  PRESIDENT,  effect  of,  and  proceedings  on 

1 

7 

15 

VICE  PRESIDENT  OF  THE  UNITED  STATES  — 

to  be  President  of  the  Senate    .... 

1 

3 

9 

how  elected      ....... 

2 

1 

24 

amendment      ....... 

12 

A» 

46 

shall,  in  certain  cases,  discharge  the  duties  of 

President      -         -         -    '     - 

2 

1 

26 

may  be  removed  by  impeachment      ... 

2 

4 

30 

VOTE  OF  ONE  HOUSE,  requiring  concurrence  of  the  other   - 

1 

7 

16 

W. 

WAR,  Congress  to  declare.  (See  also  viii.  Cranch,  1  10,  154.) 

1 

8 

18 

WARRANTS  for  searches  and  seizures,  when  and  how  they 

shall  issue        ...... 

4 

A" 

43 

WITNESS,  in  criminal  cases,  no  one  compelled  to  be  against 

himself      •    •    -  \  _  •  .•>    •  ^,      - 

5 

A" 

44 

WEIGHTS  AND  MEASURES,  standard  of 

1 

8 

17 

Y. 

YEAS  AND  NATS,  entered  on  Journal        ... 

1 

5 

12 

*  A  stanJs  for  AMENDMENT. 

•  • 

1 

(64) 


STANDING  RULES  AND  ORDERS 


FOR 


C01TDUCTI1CO   BUSINESS   IN  THE    HOUSE    OP   REPRESENTATIVES    OF    THE     UNITED 
STATES,   AND   THE   JOINT   RULES   AND    ORDERS    OF   THE 
TWO   HOUSES    OF    CONGRESS, 


WITH 


EXPLANATORY  NOTES,  AND  THE  TIME   OP  ADOPTION  DESIGNATED 
OPPOSITE  EACH  RULE  IN  THE  MARGIN. 


A  COMPLETE  INDEX 


Office  House  of  Repre- 
sentatives, U.  S. 
Washington,  Avr 

gust  16, 1851. 
I,  RICHARD  M.  YOUNG, 
Clerk  of  the  House  of 
Representatives  of  the 
United  States,  Do  here- 
by certify,  that  Joseph 
Bartlett  Burleigh's  edi- 
tion of  the  RULES  AND 
OEDEES  OF  THE  HOUSE 
OF  REPRESENTATIVES, 
and  the  JOINT  RULES 

OP  THE  TWO  HOUSES  OF 

CONGRESS,  has  been 
carefully  compared 
•with  the  edition  print- 
ed for  the  use  of  the 
House  of  Representa- 
tives, and  found  cor- 
rect. 


Clerk  of  House  of  Rep's,  U.  S. 


City  of  Washington,  D.  C. 

August  16, 1851. 

I  have  carefully  compared  Burleigh's  edition  of  the  RULES  AND  ORDERS  OF  THE  HOUSE 
OF  REPRESENTATIVES  OF  THE  UNITED  STATES,  and'  the  JOINT  RULES  OF  THE  Two  HOUSES  OF 
CONGRESS,  with  the  edition  printed  for  the  use  of  the  House  of  Representatives,  and 
found  the  same  accurate. 

DANL.  BUCK, 
Asst.  Clk.  Office  House  of  Reps  V.  & 


(IJ(i) 


RULES  OF  THE  U.  S.  HOUSE  OP  REPRESENTATIVES. 


67 


STANDING  EULES  AND  OEDEKS 

FOR  CONDUCTING  BUSINESS  IN  THE   HOUSE   OP  REPRESEN- 
TATIVES OF  THE  UNITED   STATES, 

WITH  NOTES. 


TOUCHING    THE    DUTY    OF    THE    SPEAKER. 

RULE  1.  He  shall  take  the  chair  every  day  precisely  at 
the  hour  to  which  the  House  shall  have  adjourned  on  the 
preceding  day ;  shall  immediately  call  the  members  to 
order ;  and,  on  the  appearance  of  a  quorum,*  shall  cause 
the  Journal  of  the  preceding  day  to  be  read. 

R.  2.  He  shall  preserve  order  and  decorum ;  may  speak 
to  points  of  order  in  preference  to  other  members,  rising 
from  his  seat  for  that  purpose;  and  shall  decide  ques- 
tions of  order,  subject  to  an  appeal  to  the  House  by  any 
two  members ;  [on  which  appeal  no  member  shall  speak 
more  than  once,  unless  by  leave  of  the  House.t] 

R.  3.  He  shall  rise  to  put  a  question,  but  may  state  it 
sitting. 

R.4.  Questions  shall  be  distinctly  put  in  this  form,  to  wit: 

"As  many  as  are  of  opinion  that  (as  the  question 


*  A  majority  of  the  House. — See  U.  S.  Constitution,  Article  I.,  Sec.  5. 

j-  Difficulties  have  often  arisen  as  to  a  supposed  discrepancy  between  the 
appeal  contemplated  in  this  rule  and  that  referred  to  in  rule  35.  There  is 
no  discrepancy.  The  question  of  order  mentioned  in  the  second  rule  relates 
to  motions  or  propositions,  their  applicability  or  relevancy,  or  their  admissi- 
bility  on  the  score  of  time,  or  in  the  order  of  business,  &c.  The  "  call  to 
order"  mentioned  in  rule  35,  on  which,  in  case  of  appeal,  there  can  be  no 
debate,  has  reference  only  to  "  transgressions  of  the  rules  in  speaking,"  or  to 
indecorum  of  any  kind.  See  also  rule  51,  in  which  debate  on  an  appeal, 
pending  a  call  for  the  previous  question,  is  prohibited. 


RULES  OP  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


may  be)  say  Ay,"*  and  after  the  affirmative  voice  is  ex- 
pressed, 

"As  many  as  are  of  the  contrary  opinion,  say  JVb.*  If 
the  Speaker  doubt,  or  a  division  be  called  for,  the  House 
shall  divide :  those  in  the  affirmative  of  the  question  shall 
first  rise  from  their  seats,  and  afterwards  those  in  the 
negative.!  If  the  Speaker  still  doubt,  or  a  count  be  re- 
quired, the  Speaker  shall  name  two  members,  one  from 
each  side,  to  tell  the  members  in  the  affirmative  and  nega- 
tive ;J  which  being  reported,  he  shall  rise  and  state  the 
decision  to  the  House.  [No  division  and  count  of  the 
House  by  tellers  shall  be  in  order,  but  upon  motion  se- 
conded by  at  least  one-rfifth  of  a  quorum  of  the  members.] 

R.  5.  When  any  motion  or  proposition  is  made,  the 
question,  "  Will  the  House  now  consider  it  ?"  shall  not 
be  put  unless  it  is  demanded  by  some  member,  or  is 
deemed  necessary  by  the  Speaker. 

R.  6.  The  Speaker  shall  examine  and  correct  the  Jour- 
nal before  it  is  read.  He  shall  have  a  general  direction 
of  the  Hall.  He  shall  have  a  right  to  name  any  member 
to  perform  the  duties  of  the  Chair,  but  such  substitution 
shall  not  extend  beyond  an  adjournment. 

R.  7.  All  committees  shall  be  appointed  by  the  Speaker, 
unless  otherwise  specially  directed  by  the  House,  in 


*  The  U.  S.  Constitution  prescribes  YEA  and  NAT.     Art.  I.,  Sec.  5. 

j-  The  manner  of  dividing  the  House,  as  originally  established  by  the  rule 
of  April  7,  1789,  was,  that  the  members  who  voted  in  the  affirmative  went 
to  the  right  of  the  Chair,  those  in  the  negative  to  the  left.  This  was,  doubt- 
less, taken  from  the  oW  practice  of  the  House  of  Commons  in  England.  The 
passing  of  the  members  to  and  fro  across,  the  House  was  found  so  inconve- 
nient, and  took  up  so  much,  time,  thai;  the  mode  of  dividing-the  House  was, 
on  the  9th  of  June,  1789,  changed  to  the  present  form,  the  members  of  each 
side  of  the  question  rising  in  their  seaia  and  being  there  counted. 

}  The  two  counters  stand  about  three  feet-  apart,  in,  front  of  the  SPEAKER'S 
desk.  livery  member  voting  in  the  affirmative  passes  between  the  counters. 
Also  every  member  in  the  negative.  This  plan  isbcth,mori&  expeditious  and 
less  liable  to  mistakes  than  any  other  method  ever  dertssdl. 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


which  case  they  shall  be  appointed  by  ballot,*  and  if, 
upon  such  ballot,  the  number  required  shall  not  be  elected 
by  a  majority  of  the  votes  given,  the  House  shall  pro- 
ceed to  a  second  ballot,  in  which  a  plurality  of  votes 
shall  prevail ;-.  and  in  case  a  greater  number  than  is  re- 
quired to  compose  or  complete  a  committee  shall  have  an 
equal  number  of  votes,  the  House  shall  proceed  to  a  fur- 
ther ballot  or  ballots. 

R.  8.  The  first-named  member  of  any  committee  shall 
be  the  chairman ;  and  in  his  absence,  or  being  excused 
by  the  House,  the  next  named  member,  and  so  on,  as 
often  as  the  case  shall  happen,  unless  the  committee,  by 
a  majority  of  their  number,  elect  a  chairman.! 

R.  9.  Any  member  may  excuse  himself  from  serving 
on  any  committee  at  the  time  of  his  appointment,  if  he  is 
then  a  member  of  two  other  committees. 


*  The  rule,  as  originally  adopted,  April  7,  1 789,  directed  that  the  Speaker 
should  appoint  all  committees,  unless  the  number  was  directed  to  consist  of 
more  than  three  members ;  in  which  case,  the  ballot  was  to  be  resorted  to. 

•j-The  occasion  of  this  rule  was  this:  Mr.  John  Cotton  Smith,  of  Connec- 
ticut, had  been  chairman  of  the  Committee  of  Claims  for  several  years,  and, 
on  the  5th  November,  1804,  was  reappointed.  On  the  succeeding  day  he 
was  excused  from  service  on  the  committee,  and  his  colleague,  Samuel  W. 
Dana,  was  appointed  "  in  his  stead."  The  committee  considered  Mr.  Dana 
its  chairman  ;  he  declined  to  act,  contending  that  he  was  the  tail.  Being 
unable  to  agree,  the  committee  laid  the  case  before  the  House  on  the  20th 
November.  Up  to  this  time,  there  was  no  rule  or  regulation  as  to  the  head 
of  a  committee ;  the  usage  had  been  that  the  first-named  member  acted ;  but 
it  was  usage  only.  The  subject  was  referred  to  a  committee.  On  the  22d 
November,  J 804,  the  committee  reported,  and  recommended  that  the  first- 
named  member  be  the  chairman  ;  and  in  case  of  his  absence,  or  of  his  being 
excused  by  the  House,  the  committee  should  appoint  a  chairman,  by  a  ma- 
jority of  its  votes.  The  House  rejected  this  proposition.  The  Committee  of 
Claims  the  next  day  notified  the  House  that,  unless  some  order  was  taken  in 
the  premises,  no  business  could  be  done  by  the  committee  during  the  session ; 
and  thereupon,  on  the  20th  December,  1 805,  the  House  adopted  the  above 
rule.  In  this  case  the  Committee  of  Claims  availed  itself  of  the  privilege 
contained  in  the  last  clause  of  the  rule,  and  elected  Mr.  Dana  chairman, 
much  against  his  wishes. 


Dec.  90, 
1805. 


April  13, 
1789. 


70 


RULES  OP  THE  U.  S.  HOUSE  OF  REPRESENTATIVES- 


R.  10.  It  shall  be  the  duty  of  a  committee  to  meet  on 
the  call  of  any  two  of  its  members,  if  the  chairman  be 
absent,  or  decline  to  appoint  such  meeting. 

R.  11.  In  all  other  cases  of  ballot  than  for  committees, 
a  majority  of  the  votes  given  shall  be  necessary  to  an 
election ;  and  where  there  shall  not  be  such  a  majority 
on  the  first  ballot,  the  ballots  shall  be  repeated  until  a 
majority  be  obtained.  [And  in  all  ballotings  blanks  shall 
be  rejected,  and  not  taken  into  the  count  in  the  enumera- 
tion of  votes,  or  reported  by  the  tellers.] 

R.  12.  In  all  cases  of  ballot*  by  the  House,  the  Speaker 
shall  vote  ;  in  other  cases  he  shall  not  be  required  to  vote, 
unless  the  House  be  equally  divided,  or  unless  his  vote,  if 
given  to  the  minority,  will  make  the  division  equal ;  and 
in  case  of  such  equal  division,  the  question  shall  be  lost.t 

R.  13.  In  all  cases  where  other  than  members  of  the 
House  may  be  eligible  to  an  office  by  the  election  of  the 
Housej  there  shall  be  a  previous  nomination. 

R.  14.  In  all  cases  of  election  by  the  House  of  its  offi- 
cers, the  vote  shall  be  taken  viva  voce. 

R.  15.  All  acts,  addresses,  and  joint  resolutions,  shall 
be  signed  by  the  Speaker ;  and  all  writs,  warrants,  and 
subpoenas,  issued  by  order  of  the  House,  shall  be  under 
his  hand  and  seal,  attested  by  the  Clerk. 

R.  16.  In  case  of  any  disturbance  or  disorderly  conduct 


*  The  word  here  used,  in  the  original  formation  of  the  rule,  was  election, 
On  the  14th  January,  1840,  it  was  changed  to  the  word  ballot.  « 

j-On  a  very  important  question,  taken  December  9,  1803,  on  an  amend- 
ment to  the  Constitution,  so  as  to  change  the  form  of  voting  for  President 
and  yice  President,  which  required  a  vote  of  two-thirds,  there  appeared  83  in 
the  affirmative,  and  42  in  the  negative ;  it  wanted  one  vote  in  the  affirmative 
to  make  the  constitutional  majority.  The  Speaker,  (Macon,)  notwithstand- 
ing this  prohibition  of  the  rule,  claimed  and  obtained  his  right  to  vote,  and 
voted  in  the  affirmative ;  and  it  was  by  that  vote  that  the  amendment  to  the 
Constitution  was  carried.  The  right  of  the  Speaker,  as  a  member  of  the 
House,  to  vote  on  all  questions,  is  secured  by  the  Constitution ;  no  act  of  the 
House  can  take  it  from  him,  when  he  chooses  to  exercise  it. 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


71 


in  the  galleries  or  lobby,  the  Speaker  (or  Chairman  of  the 
Committee  of  the  Whole  House)  shall  have  power  to 
order  the  same  to  be  cleared. 

R.  17.  No  person  except  members  of  the  Senate,  their 
Secretary,  Heads  of  Departments,  Treasurer,  Comptroll- 
ers, Register,  Auditors,  President's  Secretary,  Chaplains 
to  Congress,  Judges  of  the  United  States,  Foreign  Minis- 
ters and  their  Secretaries,  officers  who,  by  name,  have 
received,  or  shall  hereafter  receive,  the  thanks  of  Congress 
for  their  gallantry  and  good  conduct  displayed  in  the  ser- 
vice of  their  country,  the  Governor  for  the  time  being  of 
any  State  or  Territory  in  the  Union,  such  gentlemen  as 
have  been  Heads  of  Departments  or  members  of  either 
branch  of  the  national  Legislature  ;  £the  members  of  the 
legislatures,  for  the  time  being,  of  the  States  and  Territo- 
ries,] and,  at  the  discretion  of  the  Speaker,  persons  who 
belong  to.  such  legislatures  of  foreign  governments  as  are 
in  amity  with  the  United  States,  shall  be  admitted  within 
the  Hall  of  the  House  of  Representatives  ;*  [and  no  pe.r- 


*  The  first  rule  for  the  admission  within  the  Hall  of  other  than  members 
was  adopted  on  the  7th  January,  1802,  and  was  confined  to  "  Senators,  offi- 
cers of  the  General  and  State  Governments,  Foreign  Ministers,  and  such  per- 
sons as  members  might  introduce."  On  the  llth  January,  1802,  an  attempt 
was  made  to  amend  so  as  to  exclude  persons  "  introduced  by  members," 
which  failed.  On  the  8th  November,  1804,  a  proposition  was  made  to  con- 
fine the  privilege  to  Senators,  which  also  failed.  On  the  17th  December, 
1805,  officers  of  State  Governments  were  excluded.  On  1st  February,  1808, 
a  proposition  was  made  to  admit  ex-members  of  Congress  and  the  Judges  of 
the  Supreme  Court ;  after  a  good  deal  of  debate,  it  was  rejected.  On  the 
llth  February,  1809,  the  rule  was  enlarged  so  as  to  admit  judicial  officers  of 
the  United  States,  as  also  ex-members  of  Congress.  On  25th  February, 
1814,  those  who  had  been  Heads  of  Departments  were  admitted.  On  the 
10th  February,  1815,  officers  who  had  received  the  thanks  of  Congress  were 
included.  On  the  12th  January,  1816,  the  Navy  Commissioners.  On  the 
21st  February,  1816,  Governors  of  States  and  Territories.  March  13,  1822, 
the  President's  secretary.  On  the  26th  January,  1833,  the  rule  was  further 
enlarged  by  admitting  "  such  persons  as  the  Speaker  or  a  member  might  in- 
troduce;" and  on  the  10th  December,  1833,  the  House,  by  a  vote  almost 
unanimous,  rescinded  that  amendment 


72 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


son,  not  known  to  the  Doorkeeper  to  be  entitled  to  the 
privilege  of  the  floor,  shall  enter  the  Hall,  unless  the 
Doorkeeper  shall  be  informed  by  a  member  that  the  indi- 
vidual is  entitled  to  admission  under  this  rule,  and  in 
what  capacity.] 

R.  18.  Stenographers,  wishing  to  take  down  the  de- 
bates, may  be  admitted  by  the  Speaker,  who  shall  assign 
such  places  to  them,  on  the  floor  or  elsewhere,  to  effect 
their  object,  as  shall  not  interfere  with  the  convenience  of 
the  House. 

R.  19.  No  person  shall  be  allowed  the  privilege  of  the 
Hall,  under  the  character  of  stenographer,  without  a  writ- 
ten permission  from  the  Speaker,  specifying  the  part  of 
the  Hall  assigned  to  him ;  and  no  reporter  or  stenographer 
shall  be  admitted  under  the  rules  of  the  House,  unless 
such  reporter  or  stenographer  shall  state,  in  writing,  for 
what  paper  or  papers  he  is  employed  to  report. 

R.  20.  The  Doorkeeper  shall  execute  strictly  the  17th 
and  18th  rules,  relative  to  the  privilege  of  the  Hall. 

R.  21.  The  Clerk  of  the  House  shall  take  an  oath  for 
the  true  and  faithful  discharge  of  the  duties  of  his  office, 
to  the  best  of  his  knowledge  and  abilities.  [He  shall  be 
deemed  to  continue  in  office  until  another  be  appointed.*] 

ORDER    OF    BUSINESS    OF    THE    SESSION. 

R.  22.  After  six  days  from  the  commencement  of  a 
second  or  subsequent  session  of  any  Congress,  all  bills, 
resolutions,!  and  reports,  which  originated  in  the  House, 


*  There  is  no  law,  resolution,  rule,  or  order,  directing  the  appointment  of 
the  Clerk  of  the  House.  On  the  1st  of  April,  1789,  being  the  first  day  that 
a  quorum  of  the  House  assembled  under  the  new  Constitution,  the  House 
immediately  elected  a  Clerk  by  ballot,  without  a  previous  order  having  been 
passed  for  that  purpose ;  although,  in  the  case  of  the  Speaker,  who  was 
chosen  on  the  same  day,  an  order  was  previously  adopted.  A  Clerk  has 
been  regularly  chosen  at  the  commencement  of  every  Congress  since. 

•j-The  word  "resolutions"  as  here  used,  has  been  construed  to  apply  to 
joint  resolutions  only. 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


73 


and  at  the  close  of  the  next  preceding  session  remained 
undetermined,  shall  be  resumed  and  acted  on  in  the  same 
manner  as  if  an  adjournment  had  not  taken  place. 

ORDER    OF    BUSINESS    OF    THE    DAY. 

R.  23.  As  soon  as  the  Journal  is  read,  the  Speaker 
shall  call  for  petitions  from  the  members  of  each  State 
and  delegates  from  each  Territory,  beginning  with  Maine* 
[and  the  Territory  of  Wisconsin,!  alternately  ;]  and  if,  on 
any  day,  the  whole  of  the  States  and  Territories  shall  not 
be  called,  the  Speaker  shall  begin  on  the  next  day  where 
he  left  off  the  previous  day ;  [provided  that,  after  the  first 
thirty  days  of  the  session,  petitions  shall  not  be  received, 
except  on  the  first  day  of  the  meeting  of  the  House  in 
each  week.] 

R.  24.  Petitions,  memorials,  and  other  papers  ad- 
dressed to  the  House,  shall  be  presented  by  the  Speaker, 
or  by  a  member  in  his  place ;  a  brief  statement  of  the 
contents  thereof  shall  be  made  verbally  by  the  introducer ; 
they  shall  not  be  debated  on  the  day  of  their  being  pre- 
sented ;  nor  on  any  day  assigned  by  the  House  for  the 
receipt  of  petitions  after  the  first  thirty  days  of  the  ses- 
sion, unless  where  the  House  shall  direct  otherwise,  but 
shall  lie  on  the  table,  to  be  taken  up  in  the  order  in 
which  they  were  presented.:}:  [Members  having  peti- 
tions and  memorials  to  present  may  hand  them  to  the 
Clerk,  endorsing  the  same  with  their  names,  and  the  refer- 


*  This  was  adopted  before  the  State  of  Maine  came  into  the  Union  ;  and 
the  call  commenced  with  New  Hampshire.  On  the  13th  March,  1822,  it 
was  altered  so  as  to  commence  with  Maine. 

j-  This  rule  was  adopted  before  N.  Mex.  was  constituted  a  Territory ;  and, 
although  no  order  has  been  taken  by  the  House,  the  Speaker  substitutes 
N.  Mex.  foi  Wisconsin. 

$  With  the  exception  of  the  clause  commencing  with  the  words  "nor  on 
any  day  assigned,"  &c.,  this  rule  is  in  substance  the  same  as  it  was  originally 
established  on  the  7th  April,  1 789. 


74 


RULES  OF  THE  IT.  S.  HOUSE  OF  REPRESENTATIVES. 


ence  or  disposition  to  be  made  thereof;  and  such  peti- 
tions and  memorials  shall  be  entered  on  the  Journal,  sub- 
ject to  the  control  and  direction  of  the  Speaker ;  and  il 
any  petition  or  memorial  be  so  handed  in,  which,  in  the 
judgment  of  the  Speaker,  is  excluded  by  the  rules,  the 
same  shall  be  returned  to  the  member  from  whom  it  wa 
received.] 

R.  25.  The  petitions  having  been  presented  and  dis- 
posed of,  reports  from  committees  shall  be  called  for  and 
disposed  of;  [in  doing  which,  the  Speaker  shall  call  upon 
each  standing  committee,  in  the  order  they  are  named  in 
the  76th  and  105th  rules;  and  when  all  the  standing 
committees  have  been  called  on,  then  it  shall  be  the  duty 
of  the  Speaker  to  call  for  reports  from  select  committees ; 
if  the  Speaker  shall  not  get  through  the  call  upon  the 
committees  before  the  House  passes  to  other  business,  he 
shall  resume  the  next  call  where  he  left  otf.]  Resolu- 
tions shall  then  be  called  for  in  the  same  order,  and  dis- 
posed of  by  the  same  rules,  which  apply  to  petitions : 
provided  that  ntf  member  shall  offer  more  than  one  reso- 
lution, or  one  series  of  resolutions,  all  relating  to  the  same 
subject,  until  all  the  States  and  Territories  shall  have 
been  called. 

R.  26.  All  the  States  and  Territories  shall  be  called  for 
resolutions  on  each  alternate  Monday  during  each  session 
of  Congress ;  and,  if  necessary  to  secure  this  object  on 
said  days,  all  resolutions  which  shall  give  rise  to  debate 
shall  lie  over  for  discussion,  under  the  rules  of  the  House 
already  established  ;  and  the  whole  of  said  days  shall  be 
appropriated  to  resolutions,  until  all  the  States  and  Ter- 
ritories are  called  through. 

R.  27.  After  one  hour  shall  have  been  devoted  to  re- 
ports from  committees  and  resolutions,  it  shall  be  in  order, 
pending  the  consideration  or  discussion  thereof,  to  enter- 
tain a  motion  that  the  House  do  now  proceed  to  dispose 
of  the  business  on  the  Speaker's  table,  and  to  the  orders 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


75 


of  the  day;  [which  being  decided  in  the  affirmative,  the 
Speaker  shall  dispose  of  the  business  on  his  table  in  the 
following  order,  viz :] 

1st.  Messages  and  other  Executive  communications. 

2d.  Messages  from  the  Senate  and  amendments  proposed 
by  the  Senate  to  bills  of  the  House. 

3d.  Bills  and  resolutions  from  the  Senate  on  their  first 
and  second  reading,  that  they  be  referred  to  committees 
and  put  under  way ;  but  if,  on  being  read  a  second 
time,  no  motion  be  made  to  commit,  they  are  to  be 
ordered  to  their  third  reading,  unless  objection  be 
made ;  in  which  case,  if  not  otherwise  ordered  by  a 
majority  of  the  House,  they  are  to  be  laid  on  the  table 
in  the  general  file  of  bills  on  the  Speaker's  table,  to  be 
taken  up  in  their  turn. 

4th.  Engrossed  bills  and  bills  from  the  Senate  on  their 
third  reading. 

5th.  Bills  of  the  House  and  from  the  Senate,  on  the 
Speaker's  table,  on  their  engrossment,  or  on  being  or- 
dered to  a  third  reading,  to  be  taken  up  and  considered 
in  the  order  of  time  in  which  they  passed  to  a  second 
reading. 
The  messages,  communications,  and  bills  on  his  table, 

having  been  disposed  of,  the  Speaker  shall  then  proceed 

to  call  the  orders  v>i  the  day. 

R.  28.  The  business  specified  in  the  26th  and  27th 

rules  shall  be  done  at  no  other  part  of  the  day,  except  by 

permission  of  the  House. 

LOCAL    OR    PRIVATE    BUSINESS. 

R.  29.  Friday  and  Saturday  in  every  week  shall  be 
set  apart  for  the  consideration  of  private  bills  and  private 
business,  in  preference  to  any  other,  unless  otherwise  de- 
termined by  a  majority  of  the  House.* 


*  Under  the  rule  of  26th  April,  1828,  relative  to  a  postponement  or  change 


'J 


76 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


R.  30.  On  the  first  and  fourth  Friday  of  each  month, 
the  calendar  of  private  bills  shall  be  called  over,  (the 
chairman  of  the  Committee  of  the  Whole  House*  com- 
mencing the  call  where  he  left  off  the  previous  day,)  and 
the  bills  to  the  passage  of  which  no  objection  shall  then 
be  made  shall  be  first  considered  and  disposed  of. 

OF    DECORUM    AND    DEBATE. 

R.  31.  When  any  member  is  about  to  speak  in  debate, 
or  deliver  any  matter  to  the  House,  he  shall  rise  from  his 
seat,  and  respectfully  address  himself  to  "  Mr.  Speaker ;" 
[and  shall  confine  himself  to  the  question  under  debate, 
and  avoid  personality.] 

R.  32.  Members  may  address  the  House  or  committee 
from  the  Clerk's  desk,  or  from  a  place  near  the  Speaker's 
chair. 

R.  33.  When  two  or  more  members  happen  to  rise  at  once, 
the  Speaker  shall  name  the  member  who  is  first  to  speak. 

R.  34.  No  member  shall  occupy  more  than  one  hour 
in  debate  on  any  question  in  the  House,  or  in  Committee  ; 
but  a  member  reporting  the  measure  under  consideration 
from  a  committee  may  open  and  close  the  debate  :  pro- 
vided, that  where  debate  is  closed  by  order  of  the  House, 
any  member  shall  be  allowed,  in  committee,  five  minutes 
to  explain  any  amendment  he  may  offer,  after  which  any 
member  who  shall  first  obtain  the  floor  shall  be  allowed 
to  speak  five  minutes  in  opposition  to  it,  and  there  shall 
be  no  further  debate  on  the  amendment ;  but  the  same 
privilege  of  debate  shall  be  allowed  in  favor  of  and 


of  the  order  of  business,  it  has  been  decided  that  it  takes  two-thirds  to  proceed 
to  public  business  on  Friday  and  Saturday.  The  reason  of  this  decision  is, 
that  the  rule  of  the  26th  April,  1828,  made  no  exception  in  favor  of  the  clause, 
for  a  majority,  contained  in  this  rule,  and  that  therefore  that  provision  was  an- 
nulled. There  have  been  three  appeals  upon  this  point,  but  the  House  in  all 
instances  affirmed  the  decision  in  favor  of  two-thirds.  The  House  sometimes 
adjourns  on  Thursday,  and  frequently  on  Friday,  till  the  following  Monday. 
*  A  Committee  of  the  whole  House  considers  local  or  private  bills.  A 
Committee  of  the  whole  House  on  the  state  of  the  Union,  public  bills. 


RULES  01'  THE   U.  S.  HOUSE  OF   RKPRESENTATIVES. 


77 


against  any  amendment  that  may  be  offered  to  the  amend- 
ment;  and  neither  the  amendment  nor  an  amendment  to 
the  amendment  shall  be  withdrawn  by  the  mover  thereof, 
unless  by  the  unanimous  consent  of  the  Committee. 

R.  35.  If  any  member,  in  speaking  or  otherwise,  trans- 
gress the  rules  of  the  House,  the  Speaker  shall,  or  any 
member  may  call  to  order ;  in  which  case,  the  member 
so  called  to  order  shall  immediately  sit  down,  unless  per- 
mitted to  explain ;  and  the  House  shall,  if  appealed  to, 
decide  on  the  case,  but  without  debate  :*  if  there  be  no 
appeal,  the  decision  of  the  Chair  shall  be  submitted  to. 
If  the  decision  be  in  favor  of  the  member  called  to  order, 
he  shall  be  at  liberty  to  proceed  ;  if  otherwise,  he  shall  not 
be  permitted  to  proceed,  in  case  any  member  object,  without 
leave  of  the  House  ;t  and,  if  the  case  require  it,  he  shall  be 
liable  to  the  censure  of  the  House. 

R.  36.  If  a  member  be  called  to  order  for  words  spoken 
in  debate,  the  person  calling  him  to  order  shall  repeat  the 
words  excepted  to,  and  they  shall  be  taken  down  in 
writing  at  the  Clerk's  table ;  and  no  member  shall  be 
held  to  answer,  or  be  subject  to  the  censure  of  the  House, 
for  words  spoken  in  debate,  if  any  other  member  has 
spoken,  or  other  business  has  intervened,  after  the  words 
spoken,  and  before  exception  to  them  shall  have  been 
taken. 

R.  37.  No  member  shall  speak  more  than  once  to  the 
same  question,  without  leave  of  the  House,!  [unless  he 
be  the  mover,  proposer,  or  introducer  of  the  matter  pend- 
ing ;  in  which  case,  he  shall  be  permitted  to  speak  in 


•  See  rule  2,  with  note  appended  to  it 

•j-That  part  of  this  rule  which  is  printed  in  italic  was  adopted  on  the  13th 
March,  1822,  with  the  exception  of  the  words  "  in  case  any  member  object," 
which  were  inserted  on  the  14th  September,  1837. 

±  This  rule,  as  originally  adopted  on  the  7th  April,  1789,  permitted  a  mem- 
ber to  speak  twice,  and  ended  with  the  word  house.  It  remained  unchanged 
until  the  14th  January,  1840,  when  it  was  established  as  it  now  stands. 


78 


RULES  OP  THE  U.  S.  HOUSE  OP  REPRESENTATIVES. 


reply,  but-not  until  every  member  choosing  to  speak  shall 
have  spoken.] 

R.  38.  If  a  question  depending  be  lost  by  adjournment 
of  the  House,  and  revived  on  the  succeeding  day,  no 
member  who  shall  have  spoken  on  the  preceding  day, 
shall  be  permitted  again  to  speak  without  leave.* 

R.  39.  While  the  Speaker  xis  putting  any  question,  or 
addressing  the  House,  none  shall  walk  out  of  or  acros 
the  House ;  nor,  in  such  case,  or  when  a  member  is 
speaking,  shall  entertain  private  discourse ;  nor  while  a 
member  is  speaking  shall  pass  between  him  and  the  chair. 
[Every  member  shall  remain  uncovered  during  the  ses- 
sion of  the  House.  No  member  or  other  person  shall 
visit  or  remain  by  the  Clerk's  table  while  the  ayes  and 
noes  are  calling,  or  ballots  are  counting.] 

R.  40.  No  member  shall  vote  on  any  question  in  the 
event  of  which  he  is  immediately  and  particularly  inte- 
restedjt  or  in  any  case  where  he  was  not  within  the  bar 
of  the  House  when  the  question  was  put.J  [And  when 
any  member  shall  ask  leave  to  vote,  the  Speaker  shall 
propound  to  him  the  question — "  Were  you  within  the  bar 
when  your  name  was  called  ?"] 


*  There  is  no  proceeding  in  the  House  to  which  this  rule  can  be  applied. 
It  was  originally  framed  in  reference  to  that  law  of  Parliament  which  says 
that  all  pending  questions  are  lost  by  adjournment,  and  to  be  again  considered 
must  be  moved  anew.  In  the  rules  as  revised  and  established  on  the  7th 
January,  1802,  the  prohibition  to  speak  on  the  next  day  was  confined  to 
those  who  had  spoken  twice  on  the  preceding  day.  It  so  remained  until  the 
14th  January,  1840,  when  the  word  twice  was  left  out. 

•[•  Of  late,  differences  of  opinion  have  occasionally  arisen  as  to  the  kind  of 
interest  alluded  to  in  this  rule.  It  has  been  contended  to  apply  to  members 
who  were  merchants  or  manufacturers,  or  engaged  in  other  business  to  be 
affected  by  tariffs  or  other  bills  touching  rates  of  duties,  &c.  This  construc- 
tion has  never  been  sustained  by  the  House.  The  original  construction,  and 
the  only  true  one,  is  direct  personal  or  pecuniary  interest. 

±  As  originally  adopted,  the  word  present  was  used  in  this  rule  where  the 
words  "  within  the  bar  of  the  House"  now  appear.  The  alteration  was  made 
II  on  the  14th  September,  1837. 


RULES  OF  THE  IT.  S.  HOUSE  OF  REPRESENTATIVES. 


79 


R.  41.  Upon  a  division  and  count  of  the  House  on  any 
question,  no  member  without  the  bar  shall  be  counted. 

R.  42.  Every  member  who  shall  be  in  the  House  when  , 
the  question  is  put  shall  give  his  vote,  unless  the  House,  | 
for  special  reason,  shall  excuse  him.*     [All  motions  to 
excuse  a  member  from  voting  shall  be  made  before  the 
House  divides,  or  before  the  call  of  the  yeas  and  nays  is 
commenced ;  and  the  question  shall  then  be  taken  with- 
out further  debate.t] 

R.  43.  When  a  motion  is  made  and  seconded,  it  shall 
be  stated  by  the  Speaker ;  or,  being  in  writing,  it  shall  be 
handed  to  the  Chair,  and  read  alond  by  the  Clerk,  before 
debated. 

R.  44.  Every  motion  shall  be  reduced  to  writing,  if  the 
Speaker  or  any  member  desire  it.  [Every  written  motion 
made  to  the  House  shall  be  inserted  on  the  Journals, 
with  the  name  of  the  member  making  it,  unless  it  be 
withdrawn  on  the  same  day  on  which  it  was  submitted.] 

R.  45.  After  a  motion  is  stated  by  the  Speaker,  or 
read  by  the  Clerk,  it  shall  be  deemed  to  be  in  the  pos- 
session of  the  House,  but  may  be  withdrawn  at  any  time 
before  a  decision  or  amendment. 

R.  46.  When  a  question  is  under  debate,  no  motion 
shall  be  received  but  to  adjourn,  to  lie  on  the  table,  for 
the  previous  question,  to  postpone  to  a  day  certain,  to 
commit  or  amend,:}:  to  postpone  indefinitely  ;  which  seve- 
ral motions  shall  have  precedence  in  the  order  in  which 
they  are  arranged  ;§  and  no  motion  to  postpone  to  a 


*  By  rule  41,  the  date  of  which  is  subsequent  in  date  to  this,   a  mem- 
ber who  may  be  "  in  the  House"  is  not  allowed  to  vote  unless  he  be  "  within 
the  bar,"  upon  a  division  or  count  of  the  House. 

\  That  part  of  rule  42  which  allowed  a  brief  verbal  statement  of  reasons  to 
be  given  by  any  member  for  requesting  to  be  excused  from  voting,  rescinded 
January  2,  1845. — Journal  H.  R.,  115. 

*  See  Rule  119. 

§This  rule,  as  originally  established,  April  7,  1789,  read  thus;  «  When  a 


80 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


day  certain,  to  commit,  or  to  postpone  indefinitely,  being 
decided,  shall  be  again  allowed  on  the  same  day,  and  at 
the  same  stage  of  the  bill  or  proposition. 

R.  47.  When  a  resolution  shall  be  offered,  or  a  motion 
made,  to  refer  any  subject,  and  different  committees  shall 
be  proposed,  the  question  shall  be  taken  in  the  following 
order : 

The  Committee  of  the  Whole  House  on  the  state  of  the 
Union ;  the  Committee  of  the  Whole  House  ;  a  Standing 
Committee  ;  a  Select  Committee. 

R.  48.  A  motion  to  adjourn,  and  a  motion  to  fix  the 
day  to  which  the  House  shall  adjourn,  shall  be  always  in 
order  ;*  [these  motions,  and  the  motion  to  lie  on  the 
table,  shall  be  decided  without  debate.f] 


question  is  under  debate,  no  motion  shall  be  received  unless  to  amend  it,  to 
commit  it,  for  the  previous  question,  or  to  adjourn"  On  the  13th  Novem- 
ber, 1794,  the  motion  to  postpone  to  a  day  certain  was  introduced  next  after 
the  previous  question.  On  the  17th  December,  1805,  the  rule  was  changed 
as  follows:  1st,  the  previous  question;  2d,  to  postpone  indefinitely;  3d,  to 
postpone  to  a  day  certain  ;  4th,  to  lie ;  5th,  to  commit ;  6th,  to  amend ;  7th, 
to  adjourn.  On  the  23d  December,  1811,  the  order  was  changed  as  follows : 
1st,  to  adjourn  ;  2d,  to  lie ;  3d,  the  previous  question ;  4th,  to  postpone  inde- 
finitely; 5th,  to  postpone  to  a  day  certain;  6th,  to  commit;  7th,  to  amend. 
On  the  13th  March,  1822,  they  were  classed  as  above,  and  were  declared, 
for  the  first  time,  to  have  precedence  according  to  their  arrangement ;  previ- 
ous to  which,  the  notions  of  the  Speaker  often  governed  as  to  the  precedence 
of  these  motions ;  and  hence  the  direction  of  the  rule. 

*  It  has  been  decided  and  acted  upon,  that,  under  this  rule,  "a  motion  to 
fix  the  day  to  which  the  House  shall  adjourn"  takes  precedence  of  a  motion 
to  adjourn.  The  reason  of  this  decision  is,  that,  before  the  House  adjourned, 
it  was  proper  to  fix  the  time  to  which  it  should  adjourn.  To  this  decision, 
and  upon  this  reasoning,  no  objection  has  been  made. 

fin  the  first  rules  established  by  the  House  on  the  7th  April,  1789,  it  was 
directed  that  "  when  the  House  adjourns,  the  members  shall  keep  their  seats 
until  the  Speaker  go  forth,  and  then  the  members  shall  follow."  This  rule 
was  left  out  of  the  rules  established  13th  November,  1794.  On  the  13th 
March,  1822,  a  rule  was  adopted  prohibiting  a  motion  to  adjourn  before  four 
o'clock,  if  there  was  a  pending  question;  it  was  rescinded  on  the  13th 
March,  1824.  On  the  13th  March,  1822,  a  rule  was  also  adopted  against 


RULES  OF  THE  U.  S.  IIOTSK  OF   REPRESENTATIVES. 


81 


R.  49.  The  hour  at  which  every  motion  to  adjourn  is 
made  shall  be  entered  on  the  Journal. 

R.  50.  The  previous  question  shall  be  in  this  form  : 
"  Shall  the  main  question  be  now  put  ?"  [It  shall  only 
be  admitted  when  demanded  by  a  majority  of  the  mem- 
bers present ;]  and  its  effects  shall  be  to  put  an  end  to  all 
debate,  and  bring  the  House  to  a  direct  vote  upon  a  mo- 
tion to  commit,  if  such  motion  shall  have  been  made,  and 
if  this  motion  does  not  prevail,  then  upon  amendments 
reported  by  a  committee,  if  any,  then  [upon  pending 
amendments,  and  then  upon  the  main  question.]  On  a 
motion  for  the  previous  question,*  arid  prior  to  the  se- 
jconding  of  the  same,  a  call  of  the  House  shall  be  in 
order ;  but  after  a  majority  shall  have  seconded  such 


fhe  rising  of  the  Committee  of  the  Whole  before  4  o'clock,  which  was  abro- 
gated on  the  25th  March,  1824. 

*  The  previous  question  was  recognised  in  the  rules  established  April  7, 
1789,  and  could  be  demanded  by  five  members,  (the  parliamentary  law  places 
it  in  the  power  of  two  members — one  to  move,  the  other  to  second.)  On 
the  23d  December,  1811,  it  was  placed  on  a  footing  with  the  yeas  and  nays 
— that  is,  at  the  command  of  one-fifth  of  the  members  present.  It  remained 
so  until  the  24th  February,  1812,  when  the  rule  was  changed  to  its  present 
form  of  a  majority.  According  to  former  practice,  the  previous  question 
brought  the  House  to  a  direct  vote  on  the  main  question — that  is,  to  agree 
to  the  main  proposition,  to  the  exclusion  of  all  amendments  and  incidental 
motions ;  but  on  the  14th  January,  1840,  it  was  changed  to  its  present  form 
— first  to  embrace  pending  amendments,  and  then  the  main  proposition. 

The  original  intent  of  the  previous  question  was,  to  ascertain  the  sense  of 
the  House,  in  the  early  stages  of  a  subject,  as  to  the  propriety  of  entertaining 
the  matter;  and,  if  decided  affirmatively,  the  debate  went  on;  if  decided 
negatively,  the  debate  ceased,  and  the  subject  passed  from  before  the  House 
without  motion  or  further  question.  This  was  the  practice  in  Congress 
under  the  Confederation ;  and  it  is  still  the  practice  in  the  British  Parlia- 
ment. Now,  by  the  practice  of  the  House,  as  well  as  by  the  terms  of  the* 
rule,  it  is  reversed ;  if  the  motion  for  the  previous  question  be  decided  in  the 
affirmative,  debate  ceases,  and  the  House  proceeds  to  vote ;  if  in  the  negative, 
the  proceedings  go  on  as  if  the  motion  for  the  previous  question  had  not 
been  made. 


82 

ADOPTED. 


RULES  OF   THK   XT.   S.    HOUSE   OF   KKPttESENT  AT1VES. 


motion,  no  call  shall  be  in  order  prior  to  a  decision  of  the 
main  question.* 

R.  51.  On  a  previous  question  there  shall  be  no  de- 
bate.t  [All  incidental  questions  of  order  arising  after  a 
motion  is  made  for  the  previous  question,  and  pending 
such  motion,  shall  be  decided,  whether  on  appeal  or 
otherwise,  without  debate.] 

R.  52.  When  a  question  is  postponed  indefinitely,  the 
same  shall  not  be  acted  upon  again  during  the  session. 

R.  53.  Any  member  may  call  for  the  division  of  a 
question,  which  shall  be  divided  if  it  comprehend  propo- 
sitions in  substance  so  distinct,  that  one  being  taken 
away,  a  substantive  proposition  shall  remain  for  the  de- 
cision of  the  House.  [A  motion  to  strike  out  and  insert 
shall  be  deemed  indivisible;]  but  a  motion  to  strike  out 
being  lost,  shall  preclude  neither  amendment  nor  a  mo- 
tion to  strike  out  and  insert. 

R.  54.  Motions  and  reports  may  be  committed  at  the 
pleasure  of  the  House. 

R.  55.  No  motion  or  proposition  on  a  subject  different 
from  that  under  consideration  shall  be  admitted  under 
color  of  amendment.:]:  [No  bill  or  resolution  shall,  at  any 
time,  be  amended  by  annexing  thereto,  or  incorporating 

*  See  rules  63  and  64,  for  mode  of  proceeding  in  a  call  of  the  House. 

•(•The  rules  as  established  7th  April,  1789,  allowed  each  member  to  speak 
once  on  the  previous  question — that  is,  Shall  the  main  question  be  now  put'.' 
and  so  remained  until  17th  December,  1805,  when  debate  was  prohibited; 
yet,  on  the  15th  December,  1807,  after  the  previous  question  had  been  or- 
dered, the  House,  on  an  appeal  from  the  Speaker,  reversed  his  decision,  and 
decided  that  the  main  question  was  open  to  further  debate,  103  to  14 — no 
party  vote  This  decision  was  reaffirmed  by  the  House,  December  2,  1808 
— yeas  101,  nays  18. 

}  This  rule  was  originally  established  on  the  7th  April,  1789,  and  was  in 
these  words:  "No  new  motion  or  proposition  shall  be  admitted,  under  color 
of  amendment,  as  a  substitute  for  the  motion  or  proposition  under  debate." 
On  the  13th  March,  1822,  it  was  changed  to  its  present  form,  in  which  the 
words  "  new"  and  "  substitute"  do  not  appear. 


RULES  OP  THE  IT.  S.  HOUSE  OF  REPRESENTATIVES. 


83 


therewith,  any  other  bill  or  resolution  pending  before  the 
House.*] 

R.  56.  When  a  motion  has  been  once  made,  and  car- 
ried in  the  affirmative  or  negative,  it  shall  be  in  order  for 
any  member  of  the  majority  to  move  for  the  reconsidera- 
tion thereof,  [on  the  same  or  the  succeeding  day] ;  and 
such  motion  shall  take  precedence  of  all  other  questions, 
except  a  motion  to  adjourn,t  [and  shall  not  be  withdrawn 
after  the  said  succeeding  day,  without  the  consent  of  the 


*  The  latter  clause  of  this  rule  was  adopted  at  the  1st  session  of  the  25th 
Congress ;  and,  as  originally  reported  by  the  committee,  the  following  words 
were  contained  at  the  end  of  it :  "  nor  by  any  proposition  containing  THE 
SUBSTANCE,  in  whole  or  in  part,  of  any  other  bill  or  resolution  pending  be- 
fore the  House."  These  words  were  stricken  out  by  the  House  before  it 
would  agree  to  the  rule ;  by  which  it  would  seem  to  be  decided  that  a  bill  or 
resolution  might  be  amended  by  incorporating  therein  the  SUBSTANCE  of  any 
other  bill  or  resolution  before  the  House.  Such  has  been  the  general  practice 
of  the  House. 

•(•  A  difference  of  opinion,  and  a  discrepancy  in  action,  have  sometimes  oc- 
curred in  administering  this  rule.  Twenty  years  ago,  and  previously,  a 
motion  to  reconsider  could  not  be  made  after  the  subject  was  disposed  of,  if 
there  was  another  subject  before  the  House,  until  that  subject  had  passed 
away ;  it  was  then  often  too  late  to  make  the  motion.  It  was  under  this 
practice  that  Mr.  Randolph  was  unable  to  move  a  reconsideration  of  the  set- 
tlement of  the  celebrated  Missouri  question,  (notice  of  which  he  gave  out  of 
time,)  as  before  he  could  do  so  the  bill  had  been  taken  to  the  Senate.  The 
practice,  of  late  years,  has  been  changed,  so  as  to  allow  the  motion  to  recon- 
sider to  be  made  at  any  moment  within  the  prescribed  time.  If  the  motion 
be  made  when  a  different  subject  is  before  the  House,  it  is  entered,  and 
remains  until  that  subject  is  disposed  of,  and  then  "  takes  precedence  of  all 
other  business,  except  a  motion  to  adjourn."  When  any  final  vote  has  been 
taken,  and  a  motion  made  to  reconsider,  that  motion  may  be  laid  on  the 
table;  in  which  case,  according  to  the  practice  of  several  years  past,  the  vote 
stands  as  though  the  motion  to  reconsider  had  not  been  made.  This  is  cor- 
rect, as,  if  the  House  wished  to  retain  the  matter,  it  would  agree  to  the  mo- 
tion to  reconsider,  instead  of  laying  it  on  the  table.  Motions  to  reconsider 
should  be  promptly  acted  on,  otherwise  it  is  in  the  power  of  a  single  member 
(voting  on  the  strong  side,  against  his  sentiments,  solely  for  the  purpose  of 
placing  himself  in  a  situation  to  make  the  motion)  to  arrest  business,  which 
a  majority  have  determined  to  despatch. 


81 


RULES  OF  THE  U.  S.  HOUSE  OP  REPRESENTATIVES. 


House,  and  thereafter  any  member  may  call  it  up  for 
consideration.] 

R.  57.  When  the  reading  of  a  paper  is  called  for,  and 
the  same  is  objected  to  by  any  member,  it  shall  be  deter- 
mined by  a  vote  of  the  House.* 

R.  58.  The  unfinished  business  in  which  the  House 
was  engaged  at  the  last  preceding  adjournment  shall 
have  the  preference  in  the  orders  of  the  day  ;  and  no  mo- 
tion on  any  other  business  shall  be  received,  without 
special  leave  of  the  House,  until  the  former  is  disposed  of. 

R.  59.  Every  order,  resolution,  or  vote,  to  which  the 
concurrence  of  the  Senate  shall  be  necessary,  shall  be 
read  to  the  House,  and  laid  on  the  table,  on  a  day  pre- 
ceding that  in  which  the  same  shall  be  moved,  unless  the 
House  shall  otherwise  expressly  allow. 

R.  60.  The  name  of  the  member  who  presents  a  peti- 
tion or  memorial,  or  who  offers  a  resolution  to  the  con- 
sideration of  the  House,  shall  be  inserted  on  the  Journals. 

R.  61.  A  proposition  requesting  information  from  the 
President  of  the  United  States,  or  directing  it  to  be  fur- 
nished by  the  head  of  either  of  the  Executive  Depart- 
ments, or  by  the  Postmaster  General,  or  to  print  an  extra 
number  of  any  document  or  other  matter,  excepting  mes- 
sages of  the  President  to  both  Houses  at  the  commence- 
ment of  each  session  of  Congress,  and  the  reports  and 
documents  connected  with  or  referred  to  in  it,  shall  lie 
on  the  table  one  day  for  consideration,  unless  otherwise 
ordered  by  the  unanimous  consent  of  the  House ;  [and 
all  such  propositions  shall  be  taken  up  for  consideration 
in  the  order  they  were  presented,  immediately  after  re- 
ports are  called  for  from  select  committees ;  and,  when 
adopted,  the  Clerk  shall  cause  the  same  to  be  delivered.] 


*  As  originally  adopted,  this  rule  contained,  after  the  word  "for."  the 
words  "  which  had  before  been  read  to  the  House"  They  were  stricken  out 
on  the  14th  December,  1795. 


ntJJ.E.S  OF  THE   U.  S.  HOTJSL   OF   REPRESENTATIVES. 


85 


R.  62.  Upon  calls  of  the  House,  or  in  taking  the  yeas 
and  nays  on  any  question,  the  names  of  the  members 
shall  be  called  alphabetically. 

R.  63.  Upon  the  call  of  the  House,  the  names  of  the 
members  shall  be  called  over  by  the  Clerk,  and  the  ab- 
sentees noted ;  after  which,  the  names  of  the  absentees 
shall  again  be  called  over :  the  doors  shall  then  be  shut, 
and  those  for  whom  no  excuse  or  insufficient  excuses  are 
made  may,  by  order  of  those  present,  if  fifteen  in  number, 
be  taken  into  custody  as  they  appear,  or  may  be  sent  for 
and  taken  into  custody,  wherever  to  be  found,  by  special 
messengers  to  be  appointed  for  that  purpose.* 

R.  64.  When  a  member  shall  be  discharged  from  cus- 
tody, and  admitted  to  his  seat,  the  House  shall  determine 
whether  such  discharge  shall  be  with  or  without  paying 
fees ;  and,  in  like  manner,  whether  a  delinquent  member, 
taken  into  custody  by  a  special  messenger,  shall  or  shall 
not  be  liable  to  defray  the  expense  of  such  special  mes- 
senger. 

R.  65.  Any  fifteen  members  (including  the  Speaker,  if 
there  be  one)  shall  be  authorized  to  compel  the  attend- 
ance of  absent  members. 

R.  66.  No  member  shall  absent  himself  from  the  ser- 
vice of  the  House,  unless  he  have  leave,  or  be  sick,  or 
unable  to  attend. 

R.  67.  A  Sergeant-at-arms  shall  be  appointed,  to  hold 
his  office  during  the  pleasure  of  the  House,  whose  duty 


*  The  rule  as  originally  established  in  relation  to  a  call  of  the  House, 
which  was  on  the  13th  of  November,  1789,  differed  from  the  present  rule  in 
this ;  there  was  one  day's  notice  to  be  given,  and  it  required  a  vote  of  the 
House,  and  not  fifteen  members,  to  order  a  member  into  custody.  It  was 
changed  to  its  present  form  on  the  14th  December,  1795.  On  the  7th  Jan- 
uary, 1802,  it  was  changed  back  to  its  original  form,  to  require  "an  order  of 
the  House"  to  take  absent  members  into  custody,  and  so  remained  until  the 
23d  December,  1811,  when  it  was  again  changed  to  what  it  now  is — t.  e. 
fifteen  members. 


86 


RULES  OF.  THE   U.   S.   HOUSE   C'F  REPRESENTATIVES. 


it  shall  be  to  attend  the  House  during  its  sittings  ;*  to 
execute  the  commands  of  the  House  from  time  to  time ; 
together  with  all  such  process,  issued  by  authority  thereof, 
as  shall  be  directed  to  him  by  the  Speaker. 

11.  68.  The  symbol  of  his  office  (the  mace)  shall  be 
borne  by  the  Sergeant-at-arms  when  in  the  execution  of 
his  office.t 

R.  69.  The  fees  of  the  Sergeant-at-arms  shall  be,  for 
every  arrest,  the  sum  of  two  dollars  ;  for  each  day's  cus- 
tody and  releasement,  one  dollar ;  and  for  travelling  ex- 
penses for  himself  or  a  special  messenger,  going  and 
returning,  one-tenth  of  a  dollar  per  mile. 

R.  70.  It  shall  be  the  duty  of  the  Sergeant-at-arms  to 
keep  the  accounts  for  pay  and  mileage  of  members,  to 
prepare  checks,  and,  if  required  to  do  so,  to  draw  the 
money  on  such  checks  for  the  members,  (the  same  being 
previously  signed  by  the  Speaker,  and  endorsed  by  the 


*  In  the  rules  established  November  13,  1794,  the  Sergeant  was  empow- 
ered to  appoint  a  "  special  messenger"  to  execute  the  commands  of  the  House. 
This  authority  was  stricken  from  the  rules  established  on  the  14th  Decem- 
ber, 1795. 

•f- At  the  time  this  rule  was  adopted,  "  a  proper  symbol  of  office"  for  the 
Sergeant-at-arms  was  directed  to  be  provided,  "  of  such  form  and  device  as 
the  Speaker  should  direct." 

In  pursuance  of  this  order,  a  mace  or  "  symbol"  was  procured,  which 
represented  the  Roman  fasces,  made  of  ebony  sticks,  bound  transversely  with 
a  thin  silver  band,  terminating  in  a  double  tie  or  beau-knot  near  the  top;  at 
each  end  a  silver  band  an  inch  deep,  and  on  the  top  of  each  of  the  rods  a 
small  silver  spear.  A  stem  of  silver  f  of  an  inch  in  diameter,  and  2  inches 
long,  from  the  centre  of  the  fasces,  supported  a  globe  of  silver,  about  2^ 
inches  in  diameter,  upon  which  was  an  eagle,  his  claws  grasping  the  globe, 
and  just  in  the  act  of  flight,  his  wings  somewhat  more  than  half  extended. 
The  eagle  was  massive  silver,  richly  carved.  The  design  was  fine,  and  its 
whole  execution  beautiful ;  the  entire  height  about  three  feet.  The  mace 
was  destroyed  at  the  conflagration  of  the  Capitol  on  the  24th  August,  1814, 
and  was  not  replaced  until  recently.  A  temporary  one  was  hastily  gotten 
up  (of  common  pine,  and  painted)  for  the  then  next  session  of  Congress,  and 
was  tolerated  till  the  session  of  1841-'42,  when  the  splendid  one  now  in  use 
was  procured. 


BULKS  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


87 


member,)  and  pay'over  the  same  to  the  member  entitled 
thereto. 

R.  71.  The  Scrgeant-at-arms  shall  give  bond,  with 
surety,  to  the  United  States,  in  a  sum  not  less  than  five 
nor  more  than  ten  thousand  dollars,  at  the  discretion  of 
the  Speaker,  and  with  such  surety  as  the  Speaker  may 
approve,  faithfully  to  account  for  the  money  coming  into 
his  hands  for  the  pay  of  members. 

R.  72.  The  Sergeant-at-arms  shall  be  sworn  to  keep 
the  secrets  of  the  House. 

R.  73.  A  Doorkeeper  shall  be  appointed  for  the  service 
of  the  House.* 

R.  74.  The  Doorkeeper  shall  be  sworn  to  keep  the 
secrets  of  the  House. 

R.  75.  The  Postmaster,  to  superintend  the  Post  Office 
kept  in  the  Capitol  for  the  accommodation  of  the  mem- 
bers shall  be  appointed  by  the  House.t 

R.  76.  Twenty-eight -standing  committees  shall  be  ap- 
pointed at  the  commencement  of  each  session,  viz  : 

A  Committee  of  Elections.  -\  To  consist  of 

A  Committee  of  Ways  and  Means.  £•     nine  mem- 

A  Committee  of  Claims.t  3      bers  each. 


*  The  rule  of  1789  provided  for  the  appointment  of  an  assistant  doorkeeper, 
and  so  continued  until  Colonel  John  VV.  Hunter,  the  incumbent,  died,  in 
December,  1841,  and  the  House,  on  the  13th  of  that  month,  abolished  the 
office. 

•j-  Immediately  after  the  organization  of  the  Government  under  the  present 
Constitution,  a  room  was  set  apart  in  the  Capitol  for  the  reception  and  dis- 
tribution of  letters  and  packets  to  and  from  members  of  the  House,  without 
an  order  for  that  purpose,  and  was  called  the  Post  Oflice.  It  was  superin- 
tended by  the  Doorkeeper  and  his  assistants.  On  the  9th  of  April,  1814,  a 
special  allowance  was  made  to  the  Dooi  keeper  to  meet  the  expenses  of  this 
office,  and  he  was  authorized  to  appoint  a  Postmaster.  The  office  continued 
on  this  footing  till  April  4,  1838,  when  an  order  was  passed,  as  above,  for 
the  appointment  of  the  Postmaster  by  the  House  itself. 

$  Originally,  the  Committee  of  Claims  was  charged  with  revolutionary  and 
land  claims,  and  all  sorts  of  pensions.  On  the  22d  December,  1813,  the 
duties  of  that  committee  wrrp  divided,  and  a  committee  was  appointed,  called 
1 1 •  - 


ADOPTED 


April  4, 
1838. 


Dec.  23, 
1811. 


April  2, 
1789. 


Dec.  23, 
1811. 


April  4, 

1838. 


Nov.  13, 

1789. 
January  7 

1802. 
Nov.  13, 

1794. 


88 


RULES  OF  THE  U.  S.  HOUSE  OP  REPRESENTATIVES. 


A  Committee  on  Commerce.*  * 

A  Committee  on  the  Public  Lands.-j- 

A  Committee  on  the  Post  Office  arid  Post  Roads.} 

A  Committee  for  the  District  of  Columbia. 

A  Committee  on  the  Judiciary. 

A  Committee  on  Revolutionary  Claims.^ 

A  Committee  on  Public  Expenditures. 

A  Committee  on  Private  Land  Claims.]] 

A  Committee  on  Manufactures.^ 

A  Committee  on  Agriculture.^ 

A  Committee  on  Indian  Affairs. T 


To  consist  of 
nine  mem- 
bers each. 


the  Committee  on  Pensions  and  Revolutionary  Claims.  On  the  9th  of  De- 
cember, 1825,  a  separate  committee  on  Revolutionary  Pensions  was  created, 
leaving  the  business  of  Invalid  Pensions  to  the  committee  created  on  the  22d 
December,  1813.  On  the  13th  December,  1825,  four  days  after  its  institu- 
tion, the  designation  of  the  Committee  on  Revolutionary  Pensions  was 
changed  to  the  Committee  on  Military  Pensions,  and  it  was  charged  with 
both  Revolutionary  and  Invalid  Pensions.  On  the  10th  January,  1831,  the 
Committee  on  Military  Pensions  became  the  present  Committee  on  Revolu- 
tionary Pensions,  and  an  additional  committee  was  created,  called  the  Com- 
mittee on  Invalid  Pensions  ,•  and  the  pension  business  was  apportioned  to 
the  two  committees,  as  set  out  in  the  duties  assigned  to  the  committees. 

*  This  committee  was  originally  a  Committee  on  Commerce  and  Manu- 
factures. On  the  8th  December,  1819,  a  Committee  on  Manufactures  was 
constituted,  but  no  duties  have  been  assigned  to  that  committee  in  the  rules. 

j-  The  3d  of  January,  1805.  was  the  first  time  at  which  it  was  proposed  to 
appoint  a  Committee  on  Public  Lands.  The  proposition  was  then  made  by 
Mr.  John  Boyle,  of  Kentucky,  and  was  rejected.  On  the  17th  December, 
1805,  the  committee  was  constituted  for  the  first  time.  Previous  to  that  day 
the  business  relating  to  the  lands  of  the  United  States  was  sent  either  to  the 
Committee  of  Claims  or  to  a  select  committee,  and  frequently,  in  parts,  to  both. 

+  From  the  earliest  stages  of  the  Government,  a  select  committee  was  an- 
nually raised  upon  the  subject  of  "  the  Post  Office  and  Post  Roads,"  and  was 
always  composed  of  a  member  from  each  State.  A  standing  committee  was 
instituted  on  the  9th  November,  1808,  and,  like  the  select  committees,  was 
directed  to  be  composed  of  a  member  from  each  State.  On  the  23d  Decem- 
ber, 181 1,  it  was  directed  to  be  composed  of  the  same  number  of  members  as 
the  other  standing  committees. 

§  See  note  (J)  page  87. 

||  When  the  Committee  on  Private  Land  Claims  was  first  constituted,  it 
was  composed  of  five  members,  two  less  than  the  other  committees.  On  the 
19th  December,  1817,  it  was  directed  to  be  composed  of  seven  members. 

K  There  are  no  duties  assigned  to  the  Committees  on  Manufactures,  Agri- 


RULES  OP  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


To  consist  of 
nine  rrem- 
bers  each. 


To  consist  of 
five  mem- 
bers each. 


A  Committee  on  Military  Affairs. 

A  Committee  on  the  Militia. 

A  Committee  on  Naval  Affairs. 

A  Committee  on  Foreign  Affairs. 

A  Committee  on  the  Territories. 

A  Committee  on  Revolutionary  Pensions.* 

A  Committee  on  Invalid  Pensions. 

A  Committee  on  Roads  and  Canals. 

A  Committee  on  Patents. 

A  Committee  on  Public  Buildings  and  Grounds. 

A  Committee  of  Revisal  and  Unfinished  Business. 

A  Committee  of  Accounts.-)- 

A  Committee  on  Mileage.  J 

A  Committee  on  Engraving,  to  consist  of  three  members. 

R.  77.  It  shall  be  the  duty  of  the  Committee  of  Elec- 
tions to  examine  and  report  upon  the  certificates  of  elec- 
tion, or  other  credentials,  of  the  members  returned  to 
serve  in  this  House ;  and  to  take  into  their  consideration 
all  such  petitions  and  other  matters  touching  elections 
and  returns  as  shall  or  may  be  presented  or  come  into 
question,  and  be  referred  to  them  by  the  House. 

R.  78.  It  shall  be  the  duty  of  the  Committee  of  Ways 
and  Means  to  take  into  consideration  all  such  reports  of 
the  Treasury  Department,  and  all  such  propositions  rela- 
tive to  the  revenue,  as  may  be  referred  to  them  by  the 
House ;  to  inquire  into  the  state  of  the  public  debt  or  the 
revenue,  and  of  the  expenditure :  and  to  report,  from 
time  to  time,  their  opinion  thereon;  [to  examine  into  the 
state  of  the  several  public  departments,  and  particularly 
into  the  laws  making  appropriations  of  moneys,  and  to 
report  whether  the  moneys  have  been  disbursed  conform- 
ably with  such  laws ;  and  also  to  report,  from  time  to 


culture,  and  Indian  Affairs,  in  the  rules,  but  these  committees  consider  what- 
ever is  referred  to  them  in  their  respective  spheres  by  the  House. 

*  See  note  ($)  page  87. 

•f-  The  Committee  of  Accounts  was  first  constituted  as  a  select  committee 
on  the  7th  November,  1804;  it  was  made  a  standing  committee  December 
17,  1805. 

8* 


90          RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


time,  such  provisions  and  arrangements  as  may  be  neces- 
sary to  add  to  the  economy  of  the  departments,  and  the 
accountability  of  their  officers.]* 

In  preparing  bills  of  appropriations  for  other  objects, 
the  Committee  of  Ways  and  Means  shall  not  include  ap- 
propriations for  carrying  into  effect  treaties  made  by  the 
United  States ;  and  where  an  appropriation  bill  shall  be 
referred  to  them,  for  their  consideration,  which  contains 
appropriations  for  carrying  a  treaty  into  effect,  and  for 
other  objects,  they  shall  propose  such  amendments  as 
shall  prevent  appropriations  for  carrying  a  treaty  into 
effect  being  included  in  the  same  bill  with  appropriations 
for  other  objects. 

R.  79.  It  shall  also  be  the  duty  of  the  Committee  of 
Ways  and  Means,  within  thirty  days  after  their  appoint- 
ment, at  every  session  of  Congress  commencing  on  the 
first  Monday  of  December,  to  report  the  general  appro- 
priation bills — for  the  civil  and  diplomatic  expenses  of 
Government ;  for  the  army ;  for  the  navy ;  and  for  the 
Indian  department  and  Indian  annuities — or,  in  failure 
thereof,  the  reasons  of  such  failure. 

R.  80.  General  appropriation  bills  shall  be  in  order  in 
preference  to  any  other  bills  of  a  public  nature,  unless 
otherwise  ordered  by  a  majority  of  the  House. 

R.  81.  No  appropriation  shall  be  reported  in  such  gene- 
ral appropriation  bills,  or  be  in  order  as  an  amendment 
thereto,  for  any  expenditure  not  previously  authorized 
"by  law,  [unless  in  continuation  of  appropriations  for  such 


*  That  portion  of  the  duty  of  the  Committee  of  Ways  and  Means  which  is 
printed  within  brackets  was  originally  adopted  on  the  7th  January,  1802. 
On  26th  February,  1814,  the  Committee  on  Public  Expenditures  was  cre- 
ated, and  added  to  the  list  of  standing  committees;  the  duties  of  this  latter 
committee  are  exactly  those  contained  in  that  portion  of  the  duties  of  the 
Committee  of  Ways  and  Means  which  is  referred  to  in  this  note  as  within 
brackets. — See  rule  89.  The  words  ought  to  be  stricken  from  the  specifica- 
tion of  the  duties  of  the  Committee  of  Ways  and  Means. 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


91 


public  works  and  objects  as  are  already  in  progress,  and 
for  the  contingencies  for  carrying  on  the  several  depart- 
ments of  the  Government. 

R.  82.  It  shall  be  the  duty  of  the  Committee  of  Claims 
to  take  into  consideration  all  such  petitions  and  matters 
or  things  touching  claims  and  demands  on  the  United 
States  as  shall  be  presented,  or  shall  or  may  come  in 
question,  and  be  referred  to  them  by  the  House ;  and  to 
report  their  opinion  thereupon,  together  with  such  propo- 
sitions for  relief  therein  as  to  them  shall  seem  expedient. 

R.  S3.  It  shall  be  the  duty  of  the  Committee  on  Com- 
merce to  take  into  consideration  all  such  petitions  and 
matters  or  things  touching  the  commerce  of  the  United 
States  as  shall  be  presented,  or  shall  or  may  come  into 
question,  and  be  referred  to  them  by  the  House ;  and  to 
report,  from  time  to  time,  their  opinion  thereon.* 

R.  84.  It  shall  be  the  duty  of  the  Committee  on  the 
Public  Lands  to  take  into  consideration  all  such  petitions 
and  matters  or  things  respecting  the  lands  of  the  United 
States  as  shall  be  presented,  or  shall  or  may  come  in 
question,  and  be  referred  to  them  by  the  House ;  and  to 
report  their  opinion  thereon,  together  with  such  proposi- 
tions for  relief  therein  as  to  them  shall  seem  expedient. 

R.  85.  It  shall  be  the  duty  of  the  Committee  on  the 
Post  Office  and  Post  Roads  to  take  into  consideration  all 
such  petitions  and  matters  or  things  touching  the  post 
office  and  post  roads  as  shall  be  presented,  or  may  come 
in  question,  and  be  referred  to  them  by  the  House ;  and 
to  report  their  opinion  thereupon,  together  with  such  pro- 


*  This  committee  was  originally  a  Committee  on  Commerce  and  Manu- 
factures. On  the  8th  December,  1819,  a  separate  Committee  on  Manufac- 
tures was  constituted,  and  the  duties  of  the  original  Committee  on  Commerce 
and  Manufactures  have  been  conformed  as  above,  by  leaving  out  the  words 
and  Manufacture*.  There  are  no  duties  assigned  in  these  rules  to  the  Com- 
mittee on  Manufactures.  To  this  committee  is  appropriately  referred  all 
matters  pertaining  to  manufacturing. 

—  M 


RULES  OP  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


positions  relative  thereto  as  to  them  shall  seem  expe- 
dient. 

R.  86.  It  shall  be  the  duty  of  the  Committee  for  the 
District  of  Columbia  to  take  into  consideration  all  such 
petitions  and  matters  or  things  touching  the  said  district 
as  shall  be  presented,  or  shall  come  in  question,  and  be 
referred  to  them  by  the  House ;  and  to  report  their 
opinion  thereon,  together  with  such  propositions  relative 
thereto  as  to  them  shall  seem  expedient. 

~R.  87.  It  shall  be  the  duty  of  the  Committe  on  the  Ju- 
diciary to  take  into  consideration  such  petitions  and  mat- 
ters or  things  touching  judicial  proceedings  as  shall  be 
presented,  or  may  come  in  question,  and  be  referred  to 
them  by  the  House ;  and  to  report  their  opinion  there- 
upon, together  with  such  propositions  relative  thereto  as 
to  them  shall  seem  expedient. 

R.  88.  It  shall  be  the  duty  of  the  Committee  on  Revo- 
lutionary Claims  to  take  into  consideration  all  such  peti- 
tions arid  matters  or  things  touching  claims  and  demands 
originating  in  the  revolutionary  war,  or  arising  therefrom, 
as  shall  be  presented,  or  shall  or  may  come  in  question, 
and  be  referred  to  them  by  the  House ;  and  to  report 
their  opinion  thereupon,  together  with  such  propositions 
for  relief  therein  as  to  them  shall  seem  expedient. 

R.  89.  It  shall  be  the  duty  of  the  Committee  on  Public 
Expenditures  to  examine  into  the  state  of  the  several 
public  departments,  and  particularly  into  laws  making 
appropriations  of  money,  and  to  report  whether  the  mo- 
neys have  been  disbursed  conformably  with  such  laws ; 
and  also  to  report,  from  time  to  time,  such  provisions  and 
arrangements  as  may  be  necessary  to  add  to  the  economy 
of  the  departments,  and  the  accountability  of  their 
officers.* 

*  See  note  to  rule  78.  '  And  further:  on  the  ^Oth  March,  1816,  six  Com- 
mittees on  Expenditures  in  the  several  departments  of  the  Government  were 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


93 


R.  90.  It  shall  be  the  duty  of  the  Committee  on  Private 
Land  Claims  to  take  into  consideration  all  claims  to  land 
which  may  be  referred  to  them,  or  shall  or  may  come  in 
question  ;  and  to  report  their  opinion  thereupon,  together 
with  such  propositions  for  relief  therein  as  to  them  shall 
seem  expedient. 

R.  91.  It  shall  be  the  duty  of  the  Committee  on  Mili- 
tary Affairs  to  take  into  consideration  all  subjects  relating 
to  the  military  establishment  and  public  defence  which 
may  be  referred  to  them  by  the  House,  and  to  report 
their  opinion  thereupon ;  and  also  to  report,  from  time  to 
time,  such  measures  as  may  contribute  to  economy  and 
accountability  in  the  said  establishment. 

R.  92.  It  shall  be  the  duty  of  the  Committee  on  the 
Militia  to  take  into  consideration  and  report  on  all  sub- 
jects connected  with  the  organizing,  arming  and  discip- 
lining the  militia  of  the  United  States. 

R.  93.  It  shall  be  the  duty  of  the  Committee  on  Naval 
Affairs  to  take  into  consideration  all  matters  which  con- 
cern the  naval  establishment,  and  which  shall  be  referred 
to  them  by  the  House,  and  to  report  their  opinion  there- 
upon ;  and  also  to  report,  from  time  to  time,  such  mea- 
sures as  may  contribute  to  economy  and  accountability 
in  the  said  establishment. 

R.  94.  It  shall  be  the  duty  of  the  Committee  on  Foreign 
Affairs  to  take  into  consideration  all  matters  which  con- 
cern the  relations  of  the  United  States  with  foreign  na- 
tions, and  which  shall  be  referred  to  them  by  the  House, 
and  to  report  their  opinion  on  the  same. 

R.  95.  It  shall  be  the  duty  of  the  Committee  on  the 
Territories  to  examine  into  the  legislative,  civil,  and 
criminal  proceedings  of  the  Territories,  and  to  devise  and 
report  to  the  House  such  means  as,  in  their  o/;nion,  may 


created,  and  added  to  the  list  of  standing  committees.  The  duties  assigned 
to  these  several  committees  would  seem  entirely  to  cover  the  duties  of  the 
Committee  on  Public  Expenditures — See  rules  105  and  106. 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


be  necessary  to  secure  the  rights  and  privileges  of  resi- 
dents and  non-residents. 

R.  96.  It  shall  be  the  duty  of  the  Committee  on  Revo- 
lutionary Pensions  to  take  into  consideration  all  such 
matters  respecting  pensions  for  services  in  the  revolu- 
tionary war,  other  than  invalid  pensions,  as  shall  be 
referred  to  them  by  the  House. 

R.  97.  It  shall  be  the  duty  of  the  Committee  on  Invalid 
Pensions  to  take  into  consideration  all  such  matters  re- 
specting invalid  pensions  as  shall  be  referred  to  them  by 
the  House. 

R.  98.  It  shall  be  the  duty  of  the  Committee  on  Roads 
arid  Canals  to  take  into  consideration  all  such  petitions 
and  matters  or  things  relating  to  roads  and  canals,  and 
the  improvement  of  the  navigation  of  rivers,  as  shall  be 
presented,  or  may  come  in  question,  and  be  referred  to 
them  by  the  House ;  and  to  report  thereupon,  together 
with  such  propositions  relative  thereto,  as  to  them  shall 
seem  expedient. 

R.  99.  It  shall  be  the  duty  of  the  Committee  on  Pa- 
tents to  consider  all  subjects  relating  to  patents  which 
maybe  referred  to  them;  and  report  their  opinion  thereon, 
together  with  such  propositions  relative  thereto  .as  may 
seem  to  them  expedient. 

R.  100.  It  shall  be  the  duty  of  the  Committee  on  Pub- 
lic Buildings  and  Grounds  to  consider  all  subjects  relating 
to  the  public  edifices  and  grounds  within  the  city  of 
Washington  which  may  be  referred  to  them ;  and  report 
their  opinion  thereon,  together  with  such  propositions 
relating  thereto  as  may  seem  to  them  expedient. 

R.  101.  It  shall  be  the  duty  of  the  Committee  of  Re- 

visal  and  Unfinished  Business  to  examine  and  report 

what  laws  have  expired,  or  are  near  expiring,  and  require 

to  be  revived  or  further  continued ;  also,  to  examine  and 

ii  report,  from  the  Journal  of  last  session,  all  such  matters 

j  as  were  then  depending  and  undetermined. 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


95 


R.  102.  It  shall  be  the  duty  of  the  Committee  of  Ac- 
counts to  superintend  and  control  the  expenditures  of  the 
contingent  fund  of  the  House  of  Representatives ;  [also, 
to  audit  and  settle  all  accounts  which  may  be  charged 
thereon  ;  and,  also,  to  audit  the  accounts  of  the  members 
for  their  travel  to  and  from  the  seat  of  Government,  and 
their  attendance  in  the  House.*] 

R.  103.  It  shall  be  the  duty  of  the  Committee  on  Mile- 
age to  ascertain  and  report  the  distance  to  the  Sergeant-, 
at-anns  for  which  each  member  shall  receive  pay.t 

R.  104.  There  shall  be  appointed  a  standing  committee 
of  this  House,  to  consist  of  three  members,  to  be  called 
the  Committee  on  Engraving,:}:  to  whom  shall  be  referred 
by  the  Clerk  all  drawings,  maps,  charts,  or  other  papers, 
which  may  at  any  time  come  before  the  House  for  en- 
graving, lithographing,  or  publishing  in  any  way;  which 
committee  shall  report  to  the  House  whether  the  same 
ought,  in  their  opinion,  to  be  published ;  and  if  the  House 
order  the  publication  of  the  same,  that  said  committee 
shall  direct  the  size  and  manner  of  execution  of  all  such 
maps,  charts,  drawings,  or  other  papers,  and  contract  by 
agreement,  in  writing,  for  all  such  engraving,  lithograph- 
ing, printing,  drawing,  and  coloring,  as  may  be  ordered 
by  the  House  ;  which  agreement,  in  writing,  shall  be  fur- 
nished by  said  committee  to  the  Committee  of  Accounts, 


*  So  much  of  this  rule  as  directs  the  Committee  of  Accounts  to  audit  and 
settle  the  mileage  and  daily  pay  of  the  members  was  adopted  at  the  1st  ses- 
sion 12th  Congress,  (1811).  At  the  1st  session  of  the  25th  Congress,  (1837,) 
a  Standing  Committee  on  Mileage  was  created,  for  the  especial  purpose  of 
ascertaining  and  reporting  the  mileage  for  which  each  member  shall  receive 
pay. — See  rule  103. 

•f-See  rule  and  note  to  rule  102. 

t  The  resolution  of  Congress  "  regulating  the  printing  of  Congress,  and 
establishing  the  compensation  for  the  same,"  approved  July  23,  1846,  pro- 
vides that  "  When  any  order  for  printing  requires  maps  or  charts,  the  same 
shall  be  obtained  under  the  direction  of  the  Committee  on  Contingent  Ex- 
penses of  the  House  making  such  order." 


96 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


to  govern  said  committee  in  all  allowances  for  such 
works ;  and  it  shall  be  in  order  for  said  committee  to 
report  at  all  times. 

R.  105.  Six  additional  standing  committees  shall  be 
appointed  at  the  commencement  of  the  first  session  in 
each  Congress,  whose  duties  shall  continue  until  the  first 
session  of  the  ensuing  Congress. 

1.  A  committee  on  so  much  of  the  public  accounts  and  ex- 

penditures as  relate  to  the  Department  of  State ; 

2.  A  committee  on  so  much  of  the  public  accounts  and  ex- 

penditures as  relate  to  the  Treasury  Department; 

3.  A  committee  on  so  much  of  the  public  accounts  and  ex- 

penditures as  relate  to  the  Department  of  War ; 

4.  A  committee  on  so  much  of  the  public  accounts  and  ex-       rpo  consjst  oi 

penditures  as  relate  to  the  Department  of  the  Navy  ;  s.       gve 

5.  A  committee  on  so  much  of  the  public  accounts  and  ex-  ^ers  each. 

penditures  as  relate  to  the  Post  Office ;  and 

6.  A  committee  on  so  much  of  the  public  accounts  and  ex- 

penditures as  relate  to  the  Public  Buildings. 


R.  106.  It  shall  be  the  duty  of  the  said  committees  to 
examine  into  the  state  of  the  accounts  and  expenditures 
respectively  submitted  to  them,  and  to  inquire  and  report 
particularly — 

Whether  the  expenditures  of  the  respective  depart- 
ments are  justified  by  law ; 

Whether  the  claims  from  time  to  time  satisfied  and  dis- 
charged by  the  respective  departments  are  supported  by 
sufficient  vouchers,  establishing  their  justness  both  as  to 
their  character  and  amount ; 

Whether  such  claims  have  been  discharged  out  of 
funds  appropriated  therefor,  and  whether  all  moneys 
have  been  disbursed  in  conformity  with  appropriation 
laws;  and 

Whether  any,  and  what,  provisions  are  necessary  to  be 
adopted,  to  provide  more  perfectly  for  the  proper  appli- 


RULES  OP  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


97 


cation  of  the  public  moneys,  and  to  secure  the  Govern- 
ment from  demands  unjust  in  their  character  or  extrava- 
gant in  their  amount. 

And  it  shall  be,  moreover,  the  duty  of  the  said  com- 
mittees to  report,  from  time  to  time,  whether  any,  and 
what,  retrenchment  can  be  made  in  the  expenditures  of 
the  several  departments,  without  detriment  to  the  public 
service ;  whether  any,  and  what,  abuses  at  any  time  exist 
in  the  failure  to  enforce  the  payment  of  moneys  which 
may  be  due  to  the  United  States  from  public  defaulters  or 
others ;  and  to  report,  from  time  to  time,  such  provisions 
and  arrangements  as  may  be  necessary  to  add  to  the 
economy  of  the  several  departments  and  the  accounta- 
bility of  their  officers.* 

tit  shall  be  the  duty  of  the  several  Committees  on 
Public  Expenditures  to  inquire  whether  any  offices  be- 
longing to  the  branches  or  departments,  respectively, 
concerning  whose  expenditures  it  is  their  duty  to  inquire, 
have  become  useless  or  unnecessary ;  and  to  report,  from 
time  to  time,  on  the  expediency  of  modifying  or  abolish- 
ing the  same  :  also,  to  examine  into  the  pay  and  emolu- 
ments of  all  offices  under  the  laws  of  the  United  States ; 
and  to  report  from  time  to  time  such  a  reduction  or  in- 
crease thereof  as  a  just  economy  and  the  public  service 
may  require. 

R.  107.  The  several  standing  committees  of  the  House 
shall  have  leave  to  report  by  bill  or  otherwise. 

R.  108.  No  committee  shall  sit  during  the  sitting  of  the 
House,  without  special  leave. 

R.  109.  It  shall  be  the  duty  of  the  Clerk  to  make,  and 
cause  to  be  printed,  and  delivered  to  each  member  at  the 
commencement  of  every  session  of  Congress,  a  list  of  the 


•  Sec  notes  to  rules  78  and  89. 

•{•This  part  of  the  duties  of  those  committees  was,  previous  to  1841,  over- 
looked, and  omitted  in  the  rules. 

9~~  '  G 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


reports  which  it  is  the  duty  of  any  officer  or  department 
of  the  Government  to  make  to  Congress ;  referring  to  the 
act  or  resolution,  and  page  of  the  volume  of  the  laws  or 
Journal  in  which  it  may  be  contained ,  and  placing  under 
the  name  of  each  officer  the  list  of  reports  required  of 
him  to  be  made,  and  the  time  when  the  report  may  be 
expected. 

R.  110.  It  shall  be  the  duty  of  the  Clerk  of  the  House, 
at  the  end  of  each  session,  to  send  a  printed  copy  of  the 
Journals  thereof  to  the  Executive,  and  to  each  branch  of 
the  Legislature  of  every  State. 

R.  111.  All  questions  of  order  shall  be  noted  by  the 
Clerk,  with  the  decision,  and  put  together  at  the  end  of 
the  Journal  of  every  session. 

R.  112.  Whenever  confidential  communications  are 
received  from  the  President  of  the  United  States,  the 
House  shall  be  cleared  of  all  persons,  except  the  mem- 
bers, Clerk,  Sergearit-at-arms,  and  Doorkeeper,*  and  so 
continue  during  the  reading  of  such  communications,  and 
(unless  otherwise  directed  by  the  House)  during  all  de- 
bates and  proceedings  to  be  had  thereon.  And  when  the 
Speaker,  or  any  other  member,  shall  inform  the  House 
that  he  has  communications  to  make,  which  he  conceives 
ought  to  be  kept  secret,  the  House  shall,  in  like  manner, 
be  cleared,  till  the  communication  be  made ;  the  House 
shall  then  determine  whether  the  matter  communicated 
requires  secrecy  or  riot,  and  take  order  accordingly. 

R.  113.  All  questions  relating  to  the  priority  of  busi- 
ness to  be  acted  on,  shall  be  decided  without  debate. 


*  In  the  rule  as  originally  established  on  the  17th  February,  1792,  it  is 
provided  that  the  House  be  cleared  of  all  persons,  except  "  the  members  and 
the  Clerk."  In  the  rules  of  the  13th  November,  1794,  the  language  used  is 
the  members  of  the  House  and  its  officers."  In  the  edition  of  7th  January, 
1802,  the  terms  "members  and  Clerk"  are  again  used;  and  on  the  23d  De- 
cember, 1811,  it  was  changed  to  its  present  form,  so  as  to  include  the  Ser- 
geant and  Doorkeeper. 


RULES  OF  THE  V.  S.   HOUSE  OF  REPRESENTATIVES. 


99 


OF    BILLS. 

R.  114.  Every  bill  shall  be  introduced  on  the  report  of 
a  committee,  or  by  motion  for  leave.  In  the  latter  case, 
at  least  one  day's  notice  shall  be  gi~en  of  the  motion*  in 
the  House,  or  by  filing  a  memorandum  thereof  with  the 
Clerk,  and  having  it  entered  on  the  Journal ;  and  the 
motion  shall  be  made,  and  the  bill  introduced,  if  leave  is 
given,  when  resolutions  are  called  for :  such  motion,  or 
the  bill  when  introduced,  may  be  committed. 

R.  115.  Every  bill  shall  receive  three  several  readings 
in  the  House,  previous  to  its  passage ;  and  bills  shall  be 
despatched  in  order  as  they  were  introduced,  unless 
where  the  House  shall  direct  otherwise  ;  but  no  bill  shall 
be  twice  read  on  the  same  day,  without  special  order  of 
the  House. 

R.  116.  The  first  reading  of  a  bill  shall  be  for  informa- 
tion, arid,  if  opposition  be  made  to  it,  the  question  shall 
be,  "  Shall  this  bill  be  rejected  ?"  If  no  opposition  be 
made  or  if  the  question  to  reject  be  negatived,  the  bill 
shall  go  to  its  second  reading  without  a  question.t 


*  In  the  early  stages  of  the  Government,  before  the  institution  of  standing 
committees,  it  was  the  common  practice  to  introduce  bills,  on  motion  for 
leave,  by  individual  members ;  the  bills  were  then  referred  to  a  select  com- 
mittee, to  examine  and  report  upon.  The  practice,  however,  of  introducing 
bills  by  members,  on  leave,  gradually  grew  into  disuse  as  standing  commit- 
tees were  created,  and,  for  nearly  thirty  years,  no  case  occurs  on  the  Jour- 
nals. A  few  cases  have  occurred  within  the  last  five  or  six  years.  It  is  an 
inconvenient  practice,  and  does  not  facilitate  business.  Previous  to  the  13th 
March,  1822,  so  strict  was  the  House  upon  the  introduction  of  bills,  that 
standing  committees  had  to  obtain  leave,  in  every  case,  to  report  by  bill.  On 
that  day  the  107th  rule  was  adopted. 

{  But  not  on  the  day  of  its  introduction ;  that  is  prohibited  by  rule  1 15. 
The  meaning  of  the  rule  is,  that  it  passes  to  its  second  reading  the  next  day 
"  without  motion  or  question  ;"  it  is  the  duty  of  the  Speaker  then  to  take  it 
up,  and  give  it  the  second  reading  when  clearing  his  table  under  the  25th 
rule.  If  no  opposition  be  made  to  a  bill,  or  if  the  question  to  reject  be  nega- 
tived, and  the  bill  receives  its  second  reading  forthwith,  (as  is  usual,)  it  is 
always  understood  that  it  is  by  "  special  order  of  the  House."  In  the  rapid 


100 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


R.  117.  Upon  the  second  reading  of  a  bill,  the  Speaker 
shall  state  it  as  ready  for  commitment  or  engrossment ; 
and,  if  committed,  then  a  question  shall  be,  whether  to  a 
select  or  standing  committee,  or  to  a  Committee  of  the 
Whole  House ;  if  to  a  Committee  of  the  Whole  House, 
the  House  shall  determine  on  what  day ;  [if  no  motion 
be  made  to  commit,  the  question  shall  be  stated  on  its  en- 
grossment ;  and  if  it  be  not  ordered  to  be  engrossed  on 
the  day  of  its  being  reported,  it  shall  be  placed  in  the 
general  file  on  the  Speaker's  table,  to  be  taken  up  in  its 
order.]  But,  if  the  bill  be  ordered  to  be  engrossed,  the 
House  shall  appoint  the  day  when  it  shall  be  read  the 
third  time. 

R.  118.  Not  more  than  three  bills,  originating  in  the 
House,  shall  be  committed  to  the  same  Committee  of  the 
Whole ;  and  such  bills  shall  be  analogous  in  their  nature, 
which  analogy  shall  be  determined  by  the  Speaker. 

R.  119.  A  motion  to  strike  out  the  enacting  words  of  a 
bill  shall  have  precedence  of  a  motion  to  amend ;  and,  if 
carried,  shall  be  considered  equivalent  to  its  rejection.* 

R.  120.  After  commitment  and  report  thereof  to  the 
House,  or  at  any  time  before  its  passage,  a  bill  may  be 
recommitted.! 


and  hurried  manner  in  which  bills  are  now  reported  and  acted  upon,  the  mo- 
tion is  seldom  or  never  made,  nor  is  the  question  put,  "  Shall  the  bill  be  now 
read  a  second  time."  The  Speaker  takes  it  for  granted  that  the  motion  has 
been  made  and  allowed,  and  announces  the  second  reading  as  soon  as  the 
first  reading  is  completed.  When  a  bill  is  read  the  first  time,  and  no  dispo- 
sition of  it  be  moved,  it  remains  on  the  Speaker's  table,  to  receive  its  second 
reading  on  the  next  day,  as  matter  of  course,  in  the  3d  class  of  the  25th  rule. 

*  Rule  119  may  be  considered  an  exception  to  the  46th  rule.  It  was 
adopted  on  the  same  day  and  takes  precedence  of  a  motion  to  amend.  Rule 
119  has,  however,  of  late  years  fallen  into  disuse.  In  the  ordinary  sessions 
of  the  House  the  motion  "TO  LAY  upon  THE  TABLE"  is  used  in  its  stead. 
In  Committee  of  the  Whole  its  place  is  supplied  by  reporting  the  measure 
to  the  House  and  recommending  that  IT  DO  NOT  PASS. 

•f  A  difference  of  opinion  often  arises  as  to  the  construction  of  this  rule. 
Anciently,  it  was  held  and  practised  upon,  according  to  its  terms,  that  a  bill 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


101 


R.  121.  All  bills  ordered  to  be  engrossed  shall  be  exe- 
cuted in  a  fair  round  hand. 

R.  122.  No  amendment  by  way  of  rider  shall  be  re- 
ceived to  any  bill  on  its  third  reading. 

R.  123.  When  a  bill  shall  pass,  it  shall  be  certified  by 
the  Clerk,  noting  the  day  of  its  passage  at  the  foot  thereof. 

OF    COMMITTEES    OF    THE    WHOLE    HOUSE. 

R.  124.  It  shall  be  a  standing  order  of  the  day,  through- 
out the  session,  for  the  House  to  resolve  itself  into  a  Com- 
mittee of  the  Whole  House  on  the  state  of  the  Union.* 

R.  125.  In  forming  a  Committee  of  the  Whole  House, 
the  Speaker  shall  leave  his  chair,  and  a  chairman,  to  pre- 
side in  committee,  shall  be  appointed  by  the  Speaker.! 

R.  126.  Whenever  the  Committee  of  the  Whole  on  the 
state  of  the  Union,  or  the  Committee  of  the  Whole  House, 
finds  itself  without  a  quorum,  the  chairman  shall  cause 
the  roll  of  the  House  to  be  called,  and  thereupon  the 
committee  shall  rise,  and  the  chairman  shall  report  the 


could  be  recommitted  at  any  time  before  its  passage.  Of  late  years,  it  has 
been  decided  that,  if  the  previous  question,  on  its  passage,  be  ordered,  a  mo- 
tion to  recommit  is  not  in  order,  but  that  the  question  must  be  put  on  the 
passage  of  the-  bill.  I  think  the  practice  unsound.  The  intention  of  a  re- 
commitment is  for  the  purpose  of  perfecting  the  bill,  and  it  is  endangered  by 
forcing  its  passage  in  an  imperfect  state. 

*  For  more  than  forty  years  it  was  held  and  practised,  under  this  rule,  that 
the  House  could  resolve  itself  into  a  Committee  of  the  Whole  on  the  state  of 
the  Union  at  any  time.  Recently,  however,  a  different  practice  prevailed,  it 
being  held  that  several  of  the  rules  prescribing  the  order  of  business,  as  well 
as  special  orders,  interposed  to  prevent  it ;  in  consequence  of  which,  the 
House,  on  the  1st  June,  1840,  amended  the  136th  rule  so  as  to  go  into  Com- 
mittee of  the  Whole  on  the  state  of  the  Union  at  any  time :  in  other  words, 
restored  the  ancient  practice  under  the  124th  rule. 

j-  Originally  the  rule  was  silent  as  to  the  mode  of  appointing  a  chairman 
of  the  Committee  of  the  Whole.  He  was  appointed  by  the  House  by  nomi- 
nation and  vote  thereon.  That  practice  became  very  inconvenient ;  and  on 
the  13th  November,  1794,  the  rule  was  amended  by  adding  "by  the 
Speaker." 

9* 


102 


RULES  OF  THE  U.  S.  HOUSE  OP  REPRESENTATIVES. 


names  of  the  absentees  to  the  House,  which  shall  be  en- 
tered on  the  Journal.f 

R.  127.  Upon  bills  committed  to  a  Committee  of  the 
Whole  House,  the  bill  shall  be  first  read  throughout  by 
the  Clerk,  and  then  again  read  and  debated  by  clauses, 
leaving  the  preamble  to  be  last  considered :  the  body  of 
the  bill  shall  not  be  defaced  or  interlined ;  but  all  amend- 
ments, noting  the  page  and  line,  shall  be  duly  entered  by 
the  Clerk  on  a  separate  paper,  as  the  same  shall  be 
agreed  to  by  the  committee,  and  so  reported  to  the 
House.*  After  report,  the  bill  shall  again  be  subject  to 
be  debated  and  amended  by  clauses,  before  a  question  to 
engross  it  be  taken. 

R.  128.  All  amendments  made  to  an  original  motion  in 
committee  shall  be  incorporated  with  the  motion,  and  so 
reported. 

R.  129.  All  amendments  made  to  a  report  committed 
to  a  Committee  of  the  Whole  House  shall  be  noted,  and 
reported,  as  in  the  case  of  bills. 

R.  130.  All  questions,  whether  in  Committee  or  in  the 
House,  shall  be  propounded  in  the  order  in  which  they 
were  moved,  except  that,  in  filling  up  blanks,  the  largest 
sum  and  longest  time  shall  be  first  put. 

R.  131.  No  motion  or  proposition  for  a  tax  or  charge 
upon  the  people  shall  be  discussed  the  day  in  which  it  is 
made  or  offered ;  and  every  such  proposition  shall  receive 
its  first  discussion  in  a  Committee  of  the  Whole  House. 

R.  132.  No  sum  or  quantum  of  tax  or  duty,  voted  by  I 
a  Committee  of  the  Whole  House,  shall  be  increased  in 
the  House  until  the  motion  or  proposition  for  such  in- 
crease shall  be  first  discussed  and  voted  in  a  Committee 
of  the  Whole  House ;  and  so  in  respect  to  the  lime  of  its 
continuance. 


*  This  refers  to  bills  in  manuscript  and  bills  from  the  Senate.     It  was  long 
after  the  date  of  this  rule  that  the  practice  of  printing  the  bills  was  adopted, 
f  See  rule  63-64  &  65. 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


103 


R.  133.  All  proceedings  touching  appropriations  of 
money  shall  be  first  discussed  in  a  Committee  of  the 
Whole  House.* 

R.  134.  The  rules  of  proceedings  in  the  House  shall  be 
observed  in  a  Committee  of  the  Whole  House,  so  far  as 
they  may  be  applicable,  except  the  rule  limiting  the  times 
of  speaking ;  [but  no  member  shall  speak  twice  to  any 
question,  until  every  member  choosing  to  speak  shall 
have  spoken.] 

R.  135.  In  Committee  of  the  Whole  on  the  state  of  the 
Uniont  the  bills  shall  be  taken  up  and  disposed  of  in 
their  order  on  the  calendar;  but  when  objection  is  made 
to  the  consideration  of  a  bill,  a  majority  of  the  committee 
shall  decide,  without  debate,  whether  it  shall  be  taken  up 
and  disposed  of,  or  laid  aside ;  provided  that  general  ap- 
propriation bills,  and,  in  time  of  war,  bills  for  raising  men 
or  money,  and  bills  concerning  a  treaty  of  peace,  shall  be 
preferred  to  all  other  bills,  at  the  discretion  of  the  com- 
mittee, and  when  demanded  by  any  member,  the  ques- 
tion shall  first  be  put  in  regard  to  them. 

R.  136.  No  standing  rule  or  order  of  the  House  shall 
be  rescinded  or  changed:}:  without  one  day's  notice  being 
given  of  the  motion,  therefor ;  [nor  shall  any  rule  be  sus- 
pended, except  by  a  vote  of  at  least  two-thirds  of  the 
members  present  ;§]  nor  shall  the  order  of  business,  as 


*  This  rule,  as  first  adopted,  required  all  proceedings  touching  appropria- 
tions of  money  to  be  first  moved  in  Committee  of  the  Whole.  The  word 
"  moved"  was  struck  out  on  the  17th  December,  1805,  as  it  was  found,  in 
practice,  greatly  to  retard  public  business. 

j-  See  note  to  rule  30,  page  76. 

i  The  words  "  or  changed"  were  added  on  the  23d  December,  1811. 

§  This  rule  was  amended  at  this  place,  June  18,  1841,  [extra  session  27th 
Congress,]  by  inserting  these  words  :  "  It  shall  not  be  in  order  to  move  a  sus- 
pension of  the  rules  for  any  purpose,  until  after  the  daily  call  for  petitions, 
reports  of  committees,  and  resolutions  shall  be  completed,  except  for  a  motion 
to  proceed  to  the  orders  of  the  day."  At  the  commencement  of  the  next  ses- 


104 


RULES  OF  THE  U.  S.  HOUSE  OP  REPRESENTATIVES. 


established  by  the  rules,  be  postponed  or  changed,  except 
by  a  vote  of  at  least  two-thirds  of  the  members  present. 
[The  House  may,  at  any  time,  by  a  vote  of  a  majority  of 
the  members  present,  suspend  the  rules  and  orders  for 
the  purpose  of  going  into  the  Committee  of  the  Whole 
House  on  the  state  of  the  Union ;  and  also  for  providing 
for  the  discharge  of  the  Committee  of  the  Whole  House, 
and  the  Committee  of  the  Whole  House  on  the  state  of 
the  Union]  from  the  further  consideration  of  any  bill 
referred  to  it,  after  acting  without  debate  on  all  amend- 
ments pending,  and  that  may  be  offered.* 

R.  137.  Except  during  the  last  ten  days  of  the  session, 
the  Speaker  shall  not  entertain  a  motion  to  suspend  the 
rules  of  the  House  at  any  time,  except  on  Monday  of 
every  week :  provided  nothing  herein  contained  shall  be 
construed  to  alter  so  much  of  the  136th  rule  as  provided 
as  follows :  "  The  House  may  at  any  time,  by  a  vote  of 
a  majority  of  the  members  present,  suspend  the  rules  and 
orders  for  the  purpose  of  going  into  the  Committee  of  the 
Whole  House  on  the  state  of  the  Union ;  and,  also,  for 
providing  for  the  discharge  of  the  committee  from  the 
further  consideration  of  any  bill  referred  to  it,  after  acting 
without  debate  on  all  amendments  pending,  and  that 
may  be  offered. 

R.  138.  It  shall  be  in  order  for  the  Committee  on  En- 
rolled Bills  to  report  at  any  time. 

R.  139.  The  rules  of  Parliamentary  Practice,  comprised 
in  Jefferson's  Manual,  shall  govern  the  House  in  all  cases 
to  which  they  are  applicable,  and  in  which  they  are  riot 
inconsistent  with  the  Standing  Rules  and  Orders  of  the 


sion,  the  House  adopted  the  rules  of  the  26th  Congress,  by  which  this  and  all 
other  amendments  made  at  the  extra  session  fell. 

*  December  4,  1843,  the  rules  of  the  27th  Congress  were  adopted,  with 
the  exception  of  this  rule.  On  the  llth  March,  1844,  this  rule  was  re- 
adopted. 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


105 


House,  and  the  Joint  Rules  of  the  Senate  and  House  o 
Representatives.* 

R.  140.  No  person  shall  be  permitted  to  perform  divine 
service  in  the  chamber  occupied  by  the  House  of  Repre- 
sentatives, unless  with  the  consent  of  the  Speaker. 

R.  141.  The  rule  for  paying  witnesses  summoned  to 
appear  before  this  House,  or  either  of  its  committees 
shall  be  as  follows :  For  each  day  a  witness  shall  attend 
the  sum  of  two  dollars ;  for  each  mile  he  shall  travel  in 
coming  to  or  going  from  the  place  of  examination,  the 
sum  of  ten  cents  each  way  ;  but  nothing  shall  be  paid  for 
travelling  home  when  the  witness  has  been  summoned  at 
the  place  of  trial. 

R.  142.  The  Clerk  shall,  within  thirty  days  after  the 
close  of  each  session  of  Congress,  cause  to  be  completed 
the  printing  and  primary  distribution,  to  members  and 
delegates,  of  the  Journal  of  the  House,  together  with  an 
accurate  index  to  the  same. 

R.  143.  There  shall  be  retained  in  the  library  of  the 
Clerk's  office,  for  the  use  of  the  members  there,  and  not 
to  be  withdrawn  therefrom,  two  copies  of  all  the  books 
and  printed  documents  deposited  in  the  library. 

R.  144.  The  Clerk  shall  have  preserved  for  each  mem- 
ber of  the  House  an  extra  copy,  in  good  binding,  of  all 
the  documents  printed  by  order  of  either  House  at  each 
future  session  of  Congress. 

R.  145.  The  Clerk  shall  make  a  weekly  statement  of 
the  resolutions  and  bills  (Senate  bills  inclusive)  upon  the 
Speaker's  table,  accompanied  with  a  brief  reference  to 
the  orders  and  proceedings  of  the  House  upon  each,  and 
the  date  of  such  orders  and  proceedings ;  which  state- 
ment shall  be  printed  for  the  use  of  the  members. 


*  The  rules  of  Congress  embrace  all  that  is  essential  in  common  legislative 
proceedings.  In  order,  however,  to  meet  any  contingency  and  gratify  curi- 
osity, Jefferson's  Manual,  with  all  the  Latin  phrases  translated,  has  been  in- 
serted in  the  latter  part  of  this  volume.  See  page  147. 


ADOPTED 


May  19, 
ISM. 


June    5, 


Jun«  IS, 


Dec.  2 
162C 


FeUr'v  !>, 
Ittfl. 


April  23 
1830. 


iOb          RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES. 


R.  146.  The  Clerk  shall  cause  an  index  to  be  prepared 
to  the  acts  passed  at  every  session  of  Congress,  and  to  be 
printed  and  bound  with  the  acts. 

R.  147.  The  unappropriated  rooms  in  that  part  of  the 
Capitol  assigned  to  the  House  shall  be  subject  to  the 
order  and  disposal  of  the  Speaker,  until  the  further  order 
of  the  House. 

R.  148.  Maps  accompanying  documents  shall  not  be 
printed,  under  the  general  order  to  print,  without  the 
special  direction  of  the  House. 

R.  149.  No  committee  shall  be  permitted  to  employ  a 
clerk  at  the  public  expense,  without  first  obtaining  leave 
of  the  House  for  that  purpose. 

R.  150.  No  extra  compensation  shall  be  allowed  to 
any  officer  or  messenger,  page,  laborer,  or  other  person 
in  the  service  of  the  House,  or  engaged  in  or  about  the 
public  grounds  or  buildings :  and  no  person  shall  be  an 
officer  of  the  House,  or  continue  in  its  employment,  who 
shall  be  an  agent  for  the  prosecution  of  any  claim  against 
the  Government,  or  be  interested  in  such  claim  otherwise 
than  an  original  claimant ;  and  it  shall  be  the  duty  of  the 
Committee  of  Accounts  to  inquire  into  and  report  to  the 
House  any  violation  of  this  rule. 

R.  151.  Upon  the  engrossment  of  any  bill  making  ap- 
propriations of  money  for  works  of  internal  improvement 
of  any  kind  or  description,  it  shall  be  in  the  power  of  any 
member  to  call  for  a  division  of  the  question,  so  as  to 
take  a  separate  vote  of  the  House  upon  each  item  of  im- 
provement or  appropriation  contained  in  said  bill,  or  upon 
such  items  separately,  and  others  collectively,  as  the 
member  making  the  call  may  specify ;  and  if  one-fifth  of 
the  members- present  second  said  call,  it  shall  be  the  duty 
of  the  Speaker  to  make  such  divisions  of  the  question, 
and  put  them  to  vote  accordingly. 

R.  152.  The  following  resolution  was  passed  by  the 


RULES  OF  THE  U.  S.  HOUSE  OF  REPRESENTATIVES.  107 


House  of  Representatives,  January  30,  1846. — Journal 
Ho.  Reps.,  1st  sess.  20th  Congress,  page  323. 

"  Whereas  the  Clerk  of  this  House  is  by  law  made  the 
responsible  officer  for  the  proper  disbursement  of  the  con- 
tingent fund,  and  is  required  to  give  bond  for  the  faithful 
disbursement  thereof:  therefore, 

"  Resolved,  That,  from  and  after  the  passage  of  this  reso- 
lution, all  contracts,  bargains,  or  agreements,  relative  to 
the  furnishing  any  matter  or  thing,  or  for  the  performance 
of  any  labor  for  the  House  of  Representatives,  be  made 
with  the  Clerk,  or  approved  by  him,  before  any  allow- 
ance shall  be  made  therefor  by  the  Committee  of  Ac- 
counts." 


JOINT  RULES  AND  ORDERS  OF  THE  TWO  HOUSES. 

RULE  1.  In  every  case  of  an  amendment  of  a  bill 
agreed  to  in  one  House,  and  dissented  to  in  the  other,  if 
either  House  shall  request  a  conference,  and  appoint  a 
committee  for  that  purpose,  and  the  other  House  shall 
also  appoint  a  committee  to  confer,  such  committees  shall, 
at  a  convenient  hour,  to  be  agreed  on  by  their  chairman, 
meet  in  the  conference  chamber,  and  state  to  each  other, 
verbally  or  in  writing,  as  either  shall  choose,  the  reasons 
of  their  respective  Houses  for  and  against  the  amend- 
ment, and  confer  freely  thereon. 

R.  2.  When  a  message  shall  be  sent  from  the  Senate 
to  the  House  of  Representatives,  it  shall  be  announced  at 
the  door  of  the  House  by  the  Doorkeeper,  and  shall  be 
respectfully  communicated  to  the  Chair  by  the  person  by 
whom  it  may  be  sent. 

R.  3.  The  same  ceremony  shall  be  observed  when  a 
message  shall  be  sent  from  the  House  of  Representatives 
to  the  Senate. 

R.  4.  Messages  shall  be  sent  by  such  persons  as  a 


108 


JOINT    RULES. 


ADOPTED. 


Nov.  13, 
1794. 


Nov.  13, 
1794. 


Nov.  13, 
1794,  and 
Feb.  1,1827 


Nov.  13, 
1794. 


Nov.  13, 
1794. 


Nov.  13, 
1794. 


sense  of  propriety  in  each  House  may  determine  to  be 
proper. 

R.  5.  While  bills  are  on  their  passage  between  the  two 
Houses,  they  shall  be  on  paper,  and  under  the  signature 
of  the  Secretary  or  Clerk  of  each  House,  respectively. 

R.  6.  After  a  bill  shall  have  passed  both  Houses,  it 
shall  be  duly  enrolled  on  parchment  by  the  Clerk  of  the 
House  of  Representatives,  or  the  Secretary  of  the  Senate, 
as  the  bill  may  have  originated  in  the  one  or  the  other 
House,  before  it  shall  be  presented  to  the  President  of 
the  United  States. 

R.  7.  When  bills  are  enrolled,  they  shall  be  examined 
by  a  joint  committee  of  two  from  the  Senate  and  two 
from  the  House  of  Representatives,  appointed  as  a  stand- 
ing committee  for  that  purpose,  who  shall  carefully  com- 
pare the  enrollment  with  the  engrossed  bills,  as  passed  in 
the  two  Houses,  and,  correcting  any  errors  that  may  be 
discovered  in  the  enrolled  bills,  make  their  report  forth- 
with to  their  respective  Houses. 

R.  8.  After  examination  and  report,  each  bill  shall  be 
signed  in  the  respective  Houses,  first  by  the  Speaker  of 
the  House  of  Representatives,  then  by  the  President  of 
the  Senate. 

R.  9.  After  a  bill  shall  have  been  thus  signed  in  each 
House,  it  shall  be  presented,  by  the  said  committee,  to 
the  President  of  the  United  States,  for  his  approbation, 
(it  being  first  endorsed  on  the  back  of  the  roll,  certifying 
in  which  House  the  same  originated  ;  which  endorsement 
shall  be  signed  by  the  Secretary  or  Clerk,  as  the  case  may 
be,  of  the  House  in  which  the  same  did  originate,)  and 
shall  be  entered  on  the  Journal  of  each  House.  The 
said  committee  shall  report  the  day  of  presentation  to  the 
President ;  which  time  shall  also  be  carefully  entered  on 
the  Journal  of  each  House. 

R.  10.  All  orders,  resolutions,  and  votes,  which  are  to 
be  presented  to  the  President  of  the  United  States,  for  his 


JOINT    RULES. 


109 


approbation,  shall  also,  in  the  same  manner,  be  previ- 
ously enrolled,  examined,  and  signed ;  and  shall  be  pre- 
sented in  the  same  manner,  and  by  the  same  committee, 
as  provided  in  the  cases  of  bills. 

R.  11.  When  the  Senate  and  House  of  Representatives 
shall  judge  it  proper  to  make  a  joint  address  to  the  Presi- 
dent, it  shall  be  presented  to  him  in  his  audience  chamber 
by  the  President  of  the  Senate,  in  the  presence  of  the 
Speaker  and  both  Houses. 

R.  12.  When  a  bill  or  resolution  which  shall  have 
passed  in  one  House  is  rejected  in  the  other,  notice  thereof 
shall  be  given  to  the  House  in  which  the  same  shall  have 
passed. 

R.  13.  When  a  bill  or  resolution  which  has  been  passed 
in  one  House  shall  be  rejected  in  the  other,  it  shall  not  be 
brought  in  during  the  same  session,  without  a  notice  of 
ten  days,  and  leave  of  two-thirds  of  that  House  in  which 
it  shall  be  renewed. 

R.  14.  Each  House  shall  transmit  to  the  other  all  pa- 
pers on  which  any  bill  or  resolution  shall  be  founded. 

R.  15.  After  each  House  shall  have  adhered  to  their 
disagreement,  a  bill  or  resolution  shall  be  lost. 

R.  16.  No  bill  that  shall  have  passed  one  House  shall 
be  sent  for  concurrence  to  the  other  on  either  of  the  three 
last  days  of  the  session. 

R.  17.  No  bill  or  resolution  that  shall  have  passed  the 
House  of  Representatives  and  the  Seriate  shall  be  pre- 
sented to  the  President  of  the  United  States,  for  his  ap- 
probation, on  the  last  day  of  the  session. 

R.  18.  When  bills  which  have  passed  one  House  are 
ordered  to  be  printed  in  the  other,  a  greater  number  of 
copies  shall  not  be  printed  than  may  be  necessary  for  the 
use  of  the  House  making  the  order. 

R.  19.  No  spirituous  liquors  shall  be  offered  for  sale, 
or  exhibited,  within  the  Capitol,  or  on  the  public  grounds 
adjacent  thereto. 

10 


110 


JOINT    RULES. 


R.  20.  A  committee,  consisting  of  three  members  of  the 
Senate  and  three  members  of  the  House  of  Representa- 
tives, shall  be  chosen  by  their  respective  Houses,  which 
shall  constitute  a  Committee  on  Printing,  which  shall 
have  power  to  adopt  such  measures  as  may  be  deemed 
necessary  to  remedy  any  neglect  or  delay  on  the  part  of 
the  contractor  to  execute  the  work  ordered  by  Congress, 
and  to  make  a  pro  rata  reduction  in  the  compensation 
allowed,  or  to  refuse  the  work  altogether,  should  it  be 
inferior  to  the  standard  ;  and  in  all  cases,  the  contractor 
and  his  securities  shall  be  responsible  for  any  increased 
expenditure  consequent  upon  the  non-performance  of  the 
contract.  The  committee  shall  audit  and  pass  upon  all 
accounts  for  printing ;  but  no  bill  shall  be  acted  upon  for 
work  that  is  not  actually  executed  and  delivered,  and 
which  they  may  require  to  be  properly  authenticated. 

R.  21.  It  shall  be  in  order  for  the  Committee  on  Print- 
ing to  report  at  any  time. 

R.  22.  After  six  days  from  the  commencement  of  a 
second  or  subsequent  session  of  Congress,  all  bills,  reso- 
lutions, or  reports  which  originated  in  either  House,  and, 
at  the  close  of  the  next  preceding  session,  remained  un- 
determined in  either  House,  shall  be  resumed  and  acted 
on  in  the  same  manner  as  if  an  adjournment  had  not 
taken  place. 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 


Ill 


INDEX 

TO  THE 

RULES   AND   ORDERS 

OF  THK 

HOUSE   OF   REPRESENTATIVES, 

AND  TO  THE  JOINT  RULES. 

A. 

Rule 
ABSENT  MEMBERS,  their  attendance  may  be  compelled  by  fifteen 

members  -------  65 

ABSENT,  no  member  allowed  to  be,  unless  sick  or  on  leave  -  66 

ABSENTEES  at  a  call,  proceedings  against     -----  64 

ACCOUNTS  OF  MEMBERS,  Sergeant  to  keep  -----  70 

ACTS  AND  ADDRESSES  signed  by  the  Speaker       -         ...  15 

ADDRESS  TO  THE  PRESIDENT,  how  to  be  presented  (joint  rule)     *  11 

ADHERE,  effect  of  a  vote  in  the  two  Houses  to  (joint  rule)     -        -  15 

ADJOUUN,  motion  to,  always  in  order,  but  not  to  be  debated          -  48 

"         hour  to  be  entered     -------  49 

ADMISSION  within  the  Hall,  the  persons  entitled  to  17 

AGENTS  for  claims    ---------  150 

AMEND,  order  of  motion  to         ---...-  46 
AMENDMENT  not  to  be  admitted,  if  on  a  subject  different  from  that 

under  consideration    ------  65 

AMENDMENTS  to  engrossed  bills,  by  way  of  rider,  not  permitted    -  122 

"             to  engrossed  bills,  to  be  kept  on  separate  paper        -  127 

"             to  original  motions,  in  Committee  of  the  Whole     -  128 
"             to  bills  and  resolutions,  cannot  be  made  by  adding 

other  bills  or  resolutions    -         -        -         -      .-i«b.-.4  55 

"             tc  rules,  proposition  of          .....  136 

"             to  reports  in  Committee  of  the  Whole                     •  129 
u             to  bills  on  which  the  two  Houses  disagree,  confer- 
ence upon  (joint  rule)       -                           -  1 
"             of  Senate,  to  bills,  when  considered        ...  27 


112 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 


Rule 

APPEALS,  how  made  and  debated         ......  2 

"         proceedings  in  case  of,  for  transgressing  rules         -         -      35,  36 

"         not  debated  on  previous  question          ....  51 

APPROPRIATION  BILLS,  may  be  amended  in  Committee  of  the 

Whole  out  of  their  order     ...  135 

"                   "         to  be  reported  within  thirty  days    -        -  79 

"                    "         to  have  preference  in  order  of  day  -  80 
"                   "         appropriations  not  authorized  by  law,  not 

to  be  made        .....  81 

APPROPRIATION  FOR  TREATIES  not  to  be  included  in  bills  making 

appropriation  for  other  objects  -  78 

APPROPRIATIONS  to  be  first  discussed  in  Committee  of  the  Whole  133 

"               votes  upon  each  item  of,  may  be  taken      -         -  151 

B. 

BALLOT  for  committees      ........  7 

"       in  other  cases        ........  11 

BALLOTS,  blank,  not  counted     -      '  -         -         -         •         -         -  11 

"          no  person  to  look  on  when  tellers  are  counting      -  39 

BAR,  no  member  to  vote  unless  within  the  .....  40 

BILLS  off  THE  TABLE,  when  to  be  taken  up  and  disposed  of-         -  27 

BILLS  reported  at  first  session,  to  be  resumed  at  second         ~t: ''  22 

"      private,  to  have  precedence  on  Fridays  and  Saturdays         -  29 
"         «          to  be  called  over  on  first  and  fourth  Fridays  of  every 

month — preference  to  those  not  objected  to  -         -  30 

"      rejected,  if  enacting  words  be  stricken  out        ">        -         -  119 

"      cannot  be  amended  by  adding  other  bills  -         -         -         -  55 

"      proceedings  on  leave  to  introduce      -         -         -         -         -  1 14 

"      how  to  be  introduced  or  reported       -         -         -         -         -  114 

"      leave  to  introduce   --------  114 

"      making  appropriations,  to  be  reported  within  thirty  days  -  79 
"             "                 "               to  have  preference  in  order  -        »•*  "'•*.        80 

«             "                 "               not  authorized  by  law  excluded     -  81 
"             "                 "               to  be  first  discussed  in  Committee 

of  the  Whole-        ."  "  .        -  133 

"      the  several  readings  of     ------.  115 

"      if  opposed  on  first  reading,  question  to  reject  to  be  put,  &c.  116 

"      how  to  be  disposed  of  on  second  reading  -         -         -         -  117 

"      not  more  than  three  to  be  committed  to  the  same  Committee 

of  the  Whole     -        -        .-^tfW'T'V      -    •;••'-     .'  118 

"      may  be  recommitted  at  any  time  before  passage          -         -  120 

"      to  be  engrossed  in  a  fair  round  hand      '-..•*      ...  121 

"      amendments  of  Senate,  when  considered   ....  27 


INDEX  TO  THE  KULES  OP  THE  HOUSE  OF  REPRESENTATIVES. 


113 


Bule 

BILLS,  engrossed,  when  to  be  read  a  third  time    ....  27 

«       from  the  Senate,  when  to  be  read  and  disposed  of     -         -  27 

«       not  to  be  amended  on  third  reading  by  rider      ...  122 

"       when  passed,  to  be  certified  by  the  Clerk  -         ...  123 

"  [in  Committee  of  the  Whole]  how  to  be  taken  np ;  not  to 
be  interlined ;  amendments  to,  how  to  be  kept  and  re- 
ported ;  and,  after  report,  may  be  again  debated  and 

amended   -- 127 

"       on  their  passage  to  be  on  paper  (joint  rule)       ...  5 

"       to  be  enrolled  on  parchment  after  passing  the  two  Houses 

(joint  rule)         ........  6 

(See  Engrossed  Bilk.') 
"      passed  one  House  and  lost  in  the  other,  notice  to  be  given 

of  (joint  rule)     ........  12 

"      passed  one  House  and  lost  in  the  other,  how  they  may  be  re- 
newed (joint  rule)       .......  13 

"       when  sent  from  one  House  to  the  other,  to  be  accompanied 

by  the  papers  on  which  they  are  founded  (joint  rule)     -  14 

"       not  to  be  sent  from  one  House  to  the  other  for  concurrence 

on  the  three  last  days  of  the  session  (joint  rule)     -  16 

"       not  to  be  presented  to  the  President  on  the  last  day  of  a 

session  (joint  rule)      .......  17 

"      joint  rule  relative  to  printing  of  18 

"  resolutions,  and  reports  not  disposed  of  at  one  session  of  a 
Congress,  which  shall  have  passed  either  House,  to  be 
taken  up  after  six  days  of  a  succeeding  session  (joint 

rule)          -, 22 

BLANKS,  rule  respecting  the  filling  of          .....  130 

BLANK  BALLOTS,  not  to  be  counted    .....  11 

BOND  of  Sergeant-at-arms  ........  71 

BUSINESS,  unfinished,  precedence  of .....  68 

BUSINESS,  unfinished  at  first,  to  be  resumed  at  second  session  of 

Congress      -         -         -         -         -         -         -• .,,'        22 

"         daily  order  of   -         -         -        -        -         -         -        -    .         23 

"         order  of,  changed  or  postponed,  two-thirds  necessary     «  136 

"         no  debate  on  priority  of     -         -         -         -        -         -  113 

BCSINESS  ON  THE  TABLE,  when  to  be  taken  up  and  disposed  of  27 

BUSINESS  ox  THE  SPEAKER'S  TABLE,  mode  of  disposing  of  -  27 

"  "  "  «         list  to  be  made  of       -         -  145 

"       private,  to  have  preference  on  Fridays  and  Saturdays    -  29 

"  "        to  be  called  over  on  first  and  fourth  Fridays  in 

every  month,  and  preference  given  to  matters 
not  objected  to    -        -        -        -        *        -  30 

10*  ~HT~ 


INDEX  TO  THE  RULES  OP  THE  HOUSE  OF  REPRESENTATIVES. 


C.  Rule 

CALLS  ON  DEPARTMENTS  for  information,  rules  relating  to   -         -  01 

CALLS  OF  THE  HOUSE,  names  called  alphabetically         ...  62 
"           "          "         in  order  prior  to  second  of  previous  question, 

but  not  after  ......  50 

"           "          "         proceedings  on  a  call          ....  63,  64 

"           "          "         Speaker  and  fifteen  members  may  compel  at- 
tendance of  absent  members   ...  65 
CAPITOL,  unappropriated  rooms  in-         -         -         -         -         -  147 

"          no  spirits  to  be  brought  within  or  about  (joint  rule)        -  19 

CHAIR,  Speaker  may  substitute  a  member  to  take  the  ...  6 

CHAIRMAN  OF  COMMITTEE,  who  shall  be    -----  8 

"          OF  COMMITTEE  OF  WHOLE,  Speaker  names          -         -  125 

CHARGE  ON  THE  PEOPLE,  motions  for  -         -         -         -         -         -  131 

CLAIMS,  officers  of  House  not  to  prosecute  -         ....  150 

CLERK  to  cause  resolutions  to  be  delivered  to  President,  &c.          -  61 
"      to  take  an  oath  to  act  faithfully,  and  tenure  of  appoint- 
ment, &c.  ----.--..  21 

"      to  make  a  list  of  reports  to  be  made  by  public  officers  to 

Congress -         -         -         -  109 

"      to  forward  the  Journals  to  Governors  of  the  States    -         -  110 

"      to  make  weekly  a  list  of  business  on  Speaker's  table  -         -  145 

"      to  cause  Journal  to  be  completed  and  distributed       -         -  142 

"      to  furnish  members  with  bound  documents       ...  144 

"      to  cause  the  laws  to  be  indexed        .....  H6 

"      all  contracts,  &c.,  to  be  made  or  approved  by    -         -         •  152 

"      to  note  questions  of  order        -         -         -         -         -         -  111 

"      to  attest  legal  acts  signed  by  the  Speaker           ...  15 

"      to  retain  certain  books  in  the  office  library         •    '  "•        -  143 

CLERKS  TO  COMMITTEES,  House  must  order  employment  of         -  149 

COMMIT  OR  AMEND,  order  of  motions  to      -         -         -         -        •  ^          46 

COMMITTEES,  how  to  be  appointed     ......  7 

"             who  shall  be  chairman          .....  8 

"             to  meet  on  call  of  two  members     -         -         -         -  10 

"             order  in  which  they  shall  be  called  for  reports          -  25 
"             a  member  may,  in  a  certain  case,  be  excused  from 

serving  on        -------  9 

"             precedence  of,  in  motions  for  reference  ...  47 

"             appointment  of  standing        .....  76 

«             duties  of,  viz :  of  Elections 77 

«  »  "     of  Ways  and  Means        -         -    78,79,80,81 

«*               «             "     of  Claims 82 

«                «            "     on  Commerce         ....  83 

«                «            «     on  Public  Lands     ....  84 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OP  REPRESENTATIVES. 


115 


Rule 

COMMITTEES,  duties  of,  viz :  on  Post  Office  and  Post  Roads          •'  85 

"                 "             "     for  the  District  of  Columbia      -  86 

"                 "             "     on  the  Judiciary      ....  87 

"                 "             "     on  Revolutionary  Claims          -  88 

«                 "             "     on  Public  Expenditures  ...  89 
"                 "             «     on  Private  Land  Claims  -                :  •  ~"        90 

"                 «             "     on  Military  Affairs  -        ...  91 

"                "            "     on  the  Militia         ....  92 

"                 "             "     on  Naval  Affairs     ....  93 

«                 «             "     on  Foreign  Affairs  ....  94 

"                 «             "     on  the  Territories   -         -  -     •'      •  95 

"                 "             "     on  Revolutionary  Pensions      -  96 

"                 "             "     on  Invalid  Pensions         ...  97 

"                 "             "     on  Roads  and  Canals      ...  98 

"                 «             «     on  Patents      .....  99 

«                 «             «     on  Public  Buildings         ...  100 

"                "            "    on  Revisal  and  Unfinished  Business  101 

"                 "             "     of  Accounts    .....  102 

"                 «             "on  Mileage 103 

"                 "             "     on  Engraving          ....  104 

COMMITTEES  ON  EXPENDITURES,  appointment  and  duties  of  the  six  105,  106 

COMMITTEES,  STANDING,  may  report  by  bill        -         -         -        -  107 

"             not  to  sit  during  session  of  House  -        ...  108 

"             not  to  employ  clerks    ......  149 

COMMITTEE  OF  THE  WHOLE  os  THE  UNION,  a  standing  order  of 

the  day       -•.'-.         ...-•„        124 

"          rules  may  be  suspended  at  any  time  to  go  into  -         -  136 

"          House  may  discharge,  and  terminate  debate  in  -         -  136 
"          how  a  quorum  may  be  compelled     ....     63, 126 

"          business  of  to  be  considered  and  concluded  in  order  of 

reference     ........  135 

COMMITTEE  or  THE  WHOLE,  how  formed  .....  125 

"          how  to  proceed  in  cases  of  bills        ....  127 

"          how  to  report  amendments  to  original  motions  -        -  128 

"          how  to  report  amendments  to  a  report       -         -         -  129 

"          rules  of  the  House  to  be  observed  in         ...  134 
"          must  first  entertain  all  motions  for  laying  or  increas- 

ing  taxes 131,132 

"          appropriations  must  be  first  discussed  in  -         -         >  133 

COMMITTEE  CLERKS,  House  to  order  employment  of    ...  149 
COMMITTEE  ON  EKROLLED  BILLS,  appointment  and  duties  of  (joint 

rule)       ..->'       -,   ••••I- 7 

"          to  report  at  any  time       ......  139 


116 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 


31,35 

2 

35 

48 


Rule 
COMMITMENT  of  motions  and  reports  to  be  at  the  pleasure  of  the 

House 54 

"             when  different  committees  are  proposed,  their  order  47 
CONFERENCE  on  disagreeing  votes  of  the  two  Houses,  rule  respect- 
ing (joint  rule)  -------  1 

CONFIDENTIAL  COMMUNICATIONS  OR  PROCEEDINGS,  rules  upon     -  112 

"             Sergeant-at-arms  sworn  to  secrecy        ...  72 

"             Doorkeeper  sworn  to  secrecy        ...  74 

CONSIDERATION,  questions  of-------  5 

CONVERSATION,  (private,)  not  to  be  entertained  while  a  member  is 

speaking      .......  39 

D. 

DEBATE,  provisions  for  the  preservation  of  order  and  decorum  in  - 
«         on  appeals,  limited  nature  of 
"         on  appeals  in  calls  to  order  prohibited   -         -         -  -     - 

"         prohibited  on  motions  to  adjourn 
"         prohibited  on  motion  to  lie  on  the  table 
"         prohibited  to  speak  more  than  once  or  twice  -         -         37,38,134 
«         prohibited  on  petitions  and  other  papers  on  day  of  pre- 
sentation        ----....  24 

"         prohibited  on  priority  of  business  -         -         -         -         -  113 

"         to  be  precluded  by  the  previous  question        -         -         -  50,  5 1 

"         no  speech  to  exceed  one  hour       .....  34 

"         in  Committee  of  the  Whole,  House  may  terminate         -  136 

DEPARTMENTS,  calls  for  information  from   -----  61 

"              list  of  reports  from     -         -         •         -         -         .  109 
DIVISION  OF  (QUESTIONS,  when  and  how  they  may  be  allowed      -     53,  151 

DIVISION  OF  THE  HOUSE,  how  made  and  decided          ...  4 
DIVINE  SERVICE  not  to  be  performed  in  the  Hall,  unless  by  the 

consent  of  the  Speaker  -        -         -         -  140 

DISORDER  OF  THE  GALLERY,  remedy  for      -         -         -  •>    -         -  16 

DOCUMENTS,  members  to  be  furnished  with  an  extra  set  144 

"             rule  respecting  printing  extra  numbers     -         -         -  61 

DOORKEEPERS,  to  be  appointed  -------  73 

"                to  be  sworn  to  secrecy          .....  74 

"                required  to  execute  rules  strictly  -         ...  20 
DUTIES  OR  TAXES,  rules  to  be  observed  respecting  the  imposition 
or  increase  of   - 


E. 

ELECTIONS,  how  to  be  conducted 

"  previous  nomination  necessary  - 

"  votes  to  be  viva  voce 


•  131, 132 

-  11,  12 

13 
14 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 


117 


EN ACTING  WORDS,  if  stricken  out,  to  be  considered  as  a  rejection 
of  bill,  &c.        ...... 

EXSIGN  OR  MACE,  relating  to  the        ...... 

KM.  HAVIM;,  Committee  on       -----•• 

"  duties  of'--..... 

ENUHOSS.MEXT  to  be  in  a  fair  round  hand   -         -         -         -         - 

ENGROSSED  BILLS  not  to  be  amended  by  riders  -        -        •  '    "•• 
"  "      while  on  their  passage  between  the  two  Houses 

(joint  rule.)       ...... 

(See  Bills.-) 

ENROLLED  BILLS,  Committee  on,  may  report  at  any  time     - 
"  «'       to  be  examined  by  the  committee-} 

"  "       provision  for  the  appointment  of  C   (joint  rule) 

the  Committee  on  3 

«  "       to  be  signed  by  the  presiding  officers  of  the 

Houses  (joint  rule)     •_.•".     i  v    • 
«  "        how  to  be  presented  to  the  President,  and  the 

time  to  be  noted  (joint  rule)         ... 
"  "       not  to  be  presented  to  the  President  on  the  last 

day  of  session  (joint  rule)    - 

EXECUTIVE  DEPARTMENTS,  rules  to  be  observed  in  calling  for  in- 
formation from  heads  of 
EXECUTIVE  COMMUNICATIONS,  when  to  be  read  .... 

EXCUSED  FROM  VOTING,  rule  relating  to  being  (rescinded*)  - 
EXCUSED  FROM  SERVING  ON  A  COMMITTEE,  a  member  may  be 
EXTRA  COMPENSATION  forbidden         ...... 

F. 

FEES  in  cases  of  calls  of  the  House,  payment  by  members    - 
"    of  Sergeant-at-arms  ........ 

FBIDAT,  private  business,  precedence  on 


G. 

GALLERIES  may  be  cleared  in  cases  of  disorder    -        -        -  •*  ,  • 
GOVERNORS,  send  journals  to     -         -         .         .         . 

"  admitted  in  the  Hall      ...... 

H. 

HALL  to  be  under  the  direction  of  the  Speaker    .... 

"      persons  who  may  be  admitted  within  the  .... 

"      this  rule  to  be  strictly  executed          ..... 

"     not  to  be  used  in  the  performance  of  Divine  service,  unless 

by  consent  of  the  Speaker     -        •        -        -'       •-.    • 


Rule 

119 

68 

76 

104 

121 

122 

5 
138 

7 

8 

9 

17 

61 

27 

42 

9 

150 

64 
69 
29 

16 

110 

17 

6 
17 
20 

140 


*So  much  as  relates  to  reasons  for  being  excused  rescinded  at  2d  sess.  29th  Congress. 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 


HATS  OFF  during  session  of  House  .... 
HEADS  OF  DEPARTMENTS,  calls  for  information  from  - 
HOUR  ROLE  for  speaking  -----•» 


I. 

INTERESTED,  members  not  to  vote  when     - 
INDEFINITELY",  questions  not  to  be  resumed  which  are  postponed 
INFORMATION,  calls  on  the  President  and  Departments  for    - 
INSERT  AND  STRIKE  OUT,  questions  indivisible     .... 
INDEX  TO  LAWS,  to  be  made      ...... 

J. 

JEFFERSON'S  MANUAL,  to  govern  in  certain  cases          ... 
JOINT  RESOLUTIONS,  or  propositions  requiring  the  consent  of  the 

Senate,  to  be  laid  on  the  table  one  day 
"  "  signed  by  the  Speaker         - 

JOURNAL,  reading  of          ........ 

"         to  be  examined  by  the  Speaker 

"         to  be  printed  and  distributed  within  thirty  days  after  the 
adjournment  ........ 

"        written  motions  to  be  entered      ..... 

"        to  be  sent  to  Governors      ...... 

L. 
LAWS  to  be  signed  by  the  Speaker      ...... 

"      index  to  be  made    ........ 

LIE  ON  THE  TABLE,  precedence  of  a  motion  to     - 

«  "         no  debate  on  a  motion  to 

LIE  os  THE  TABLE  ONE  DAT,  all  matters  requiring  the  concurrence 

of  the  Senate  to  - 

«  "  "        all  calls  on  Executive  officers  for  in- 

formation shall    - 

"  "  "        motion  to  print  extra  numbers 

LIBRARY  OF  CLERK'S  OFFICE,  books  to  be  retained      ... 
LOBBT  may  be  cleared  in  cases  of  disorder  -        .         -  - 

M. 
MACE,  or  symbol  of  office  of  the  Sergeant   ..... 

MAPS,  not  printed  under  common  order       ..... 

MANUAL,  JEFFERSON'S,  to  govern  in  certain  cases         ... 
MEMORIALS,  when  to  be  presented      ...... 

"  rules  to  be  observed  on  the  presentation  of 

"  names  of  members  presenting          -        -        - 

MEMBERS,  not  to  vote,  when  interested       ..... 

"          to  be  furnished  with  extra  set  of  documents 


Rule 
39 
61 
34 


40 
52 
61 
53 
146 


59 

15 

1 

6 

142 

44 

110 

15 
146 

46 
48 

59 

61 

61 

143 

16 

68 
148 
139 

23 
23,24 

60 

40 
144 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES.     119 


MEMBERS,  to  sit  uncovered         ------- 

«          their  names  to  be  called  alphabetically         ... 

«          proceedings  against  absentees  at  call  -         -        -         - 

"          to  be  paid  by  Sergeant-at-arms  - 

«         may  address  the  House  from  the  Clerk's  desk,  or  a 
place  near  by         ...---- 
MESSAGES  BETWEEN  THE  TWO  HOUSES,  how  to  be  announced  and 
delivered  (joint  rules)     ------ 

"         by  whom  to  be  sent  (joint  rule)          -         - 
MESSAGES  FROM  SENATE,  when  considered  •   . .  • 
MESSAGES  FROM  PRESIDENT,  when  read    • 

MILEAGE,  duty  of  Committee  on         -----         • 
MOHNING  HOUR,  for  reports  and  resolutions          .... 

«  "      no  suspension  during        - 

MOTIONS,  to  be  stated  by  the  Speaker  or  read  by  the  Clerk  - 

"         if  desired,  shall  be  reduced  to  writing  r 

"         when  to  be  considered  as  in  possession  of  the  House 

"         precedence  and  order  of  certain    -  47, 

"         may  be  committed  at  pleasure      - 

"        when  they  may  be  withdrawn    - 

N. 

NAME  OF  MEMBER  presenting  petitions        -         -  •         *  **••"'• 

"  "         presenting  resolution      - 

NOMINATION,  cases  in  which  it  shall  be  necessary  -         - 
NEWSPAPERS,  reporters  to  give  names  of    -  • 

O. 

ORDER,  proceedings  in  cases  of  calls  to       ..... 

"       Speaker  to  decide  questions  of 

"       Speaker  to  make  calls  to        -----         - 

"       Clerk  to  note  questions  of     -----         - 

"       questions  of,  arising  after  previous  question,  no  debate 
ORDER  OF  BUSINESS  of  the  session     ------ 

»  «          of  the  day  •  .-r  '  ••  -     - 

"  "          postponed  or  changed  -         -         -         -         - 

ORDKR  OP  CALLING  for  petitions         ..... 

"  "        for  reports  of  committees      ... 

ORDERS  OF  THE  DAT,  when  to  be  called       -         -         •  :-  "••"••••' 

"  "  may  be  moved  pending  consideration  or  dis- 

cussion of  reports  and  resolutions     -       ~- 

"  "  unfinished  business  to  have  precedence  in 


Rule 
39 
62 

63,64 
70 

32 

2,3 

4 

27 

27 

103 

27 

136 

43 

44 

45 

48, 130 

54 

44,45 


35,  36 

2 

35 

111 
51 
22 
23 

136 
23 
25 
27 

27 
58 


120 


INDEX  TO  THE   RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 


ito 

3,3 


be  decided  without  debate 


P. 

PAT  OF  MEMBERS,  by  Sergeant-at-arms 
PETITIONS,  when  they  may  be  presented    - 

"  rules  to  be  observed  on  presentation  of 

"  rule  respecting  debate  on          ... 

"  may  be  handed  to  the  Clerk    -        -        • 

"  name  of  member  presenting 

PERSONALITY  in  debate  to  be  avoided 
POSTMASTER  GENERAL,  calls  for  information  from 
POSTMASTER  OF  HOUSE  to  be  appointed 
POSTPONED  INDEFINITELY,  effect  of  question  which  is  • 
POSTPONE,  to  day  certain,  order  of  motion  - 

"          or  change  order  of  business 
PRECEDENCE,  or 
PRIORITY  OF  BUSINESS, 
PRECEDENCE  of  motions    ........ 

PRESIDENT,  rules  to  be  observed  in  calling  for  information  from  the 

«  manner  of  presenting  bills  and  resolutions  to  the  (joint 

rule)          ..-.-..- 

«  manner  of  presenting  joint  addresses  to  the  (joint 

rule)          -------- 

"  no  bill  or  resolution  to  be  presented  on  the  last  day  of 

the  session  to  the  (joint  rule)       - 

PRINTING  OF  THE  TWO  HOUSES,  Committee  on  (joint  rule)  - 
PRINTING,  Committee  on,  may  report  at  any  time  (joint  rule) 
PRINTING  OF  JOURNALS  to  be  completed  within  thirty  days  after 
an  adjournment  -         -         -         -         - 

PRINTING  OF  BILLS,  joint  rule  relating  to  (joint  rule)  -        -        - 
PRINTING,  motion  for  extra  numbers  to  lie  one  day     -        -        - 
PREVIOUS  Q.UESTION,  order  of  motion  for    -         •-'•*.'• 

"  "          rules  relating  to  the  -         -         -         -        - 

PRIVATE  BUSINESS,  to  have  preference  on  Fridays  and  Saturdays 

"  "          to  be  called  over  on  first  and  fourth  Fridays 

of  every  month,  and  preference  given  to,  if 

not  objected  to         .         .         -         -         - 

PRIVILEGED  CHARACTERS,  to  come  within  the  Hall,  named  - 

«  "  rules  respecting,  to  be  strictly  executed 

Q. 

QUESTIONS,  precedence  of         ---..-. 
"  manner  of  putting  ------- 

"  decorum  to  be  observed  during  the  putting  of    - 

"  may  be  divided,  and  the  manner  of  dividing 


113 

46 
61 

9 
11 

17 
20 
21 

142 
18 
61 
46 

50,51 
29 


46 

4 

39 

53 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES.     121 


QUESTIONS  to  be  propounded    in    the  order  in  which  they  are 
moved         -         -         -         -         -        - .       •'• 

JUOBUM,  fifteen  members  may  compel  the  attendance  of  a   - 
"        how  compelled  in  Committee  of  the  Whole 

R. 

READING  A  PAPER,  if  objected  to,  rule  respecting  the    - 

roNsi  IIKU,  rule  respecting  motions  to 
REFERENCE,  order  and  precedence  of  motions  of  - 

"  of  motions  to  be  at  the  pleasure  of  the  House    - 

REPORTERS,  rules  respecting       -         -        -r"    «     •  •        m'.      m 
REPORTS,  may  be  committed  at  pleasure      -        •     .   - 
REPORTS  OF  COMMITTEES,  when  to  be  made         .... 

REPORTS  TO  BE  MADE  TO  CONGRESS,  Clerk  to  make  a  list  of 
RESOLUTIONS,  when  they  may  be  submitted         - 

•'  only  one  at  a  time        ..--•- 

"  every  alternate  Monday  set  aside  for     - 

"  those  giving  rise  to  debate  to  lie  over    - 

"  cannot  be  amended  by  adding  other  resolutions 

"  requiring  assent  of  the  Senate,  to  be  laid  on  the 

table  one  day  before  acting  on,  &c.    - 

«  calling  on  Executive  officers  for  information,  to  fie 

one  day  -         -         -         -         -         -        -    ^'  * 

"  name  of  member  moving      .... 

"  orders,  votes,  &c.,  requiring  the  President's  appro 

bation,  shall  be  signed  and  presented  as  in  cases 
of  bills  (see  Bills)  (joint  rule)  - 

«  passed  one  House  and  lost  in  the  other,  notice  to  be 

given  (joint  rule)      ...... 

"  not  to  be  presented  to  the  President  on  the  last  day 

of  the  session  (joint  rule)  - 
RIDERS,  engrossed  bills  not  to  be  amended  by 
ROOMS,  Speaker  to  dispose  of  unappropriated        - 
RULES,  how  to  be  amended,  rescinded,  or  suspended    -        •    "    • 
"      majority  may  suspend,  to  go  into  Committee  of  the  Whole 
on  the  state  of  the  Union     ...... 

"      shall  not  be  suspended,  except  on  Monday  only,  to  go  into 
Committee  of  the  Whole     ...... 

8. 

SATURDAY,  private  bills  precedence  on         -         -        -        -        • 
SECRECY,  rule  relating  to  -         -         -        ."^  -   .     »  :.  •  J -•'  ••'£• 

"         Sergeant-at-arms  sworn  to  - 

"         Doorkeepers  sworn  to          -         -         -         -         «        • 

11 


Rule 

130 

65 

126 


57 
56 
47 
54 

18,  19 

54 

25 

109 

25,  26 
25 
26 
26 
55 

59 

61 
60 


10 

12 

17 
122 
147 
136 

136 
137 

29 
112 

72 
74 


122 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 


Rule 
SENATE,  all  orders  to  be  laid  on  the  table  one  day  which  require 

the  assent  of  the      -...-..  59 

"         bills  and  resolutions,  when  to  be  read    -         ...  27 

"         consider  messages  from         ------  27 

"         messages  to  and  from  (joint  rules)         -         -         -         -  2, 3 

SEHGEANT-AT-ARMS,  to  be  appointed,  and  duties  of  the          -         -  67 

«                "         fees  of  the          .-----  69 

"                 "         his  mace  or  symbol  of  office         ...  68 

"                "         to  pay  members          -----  70 

"                "         to  give  bond                                 --  71 

"                "         to  be  sworn  to  secrecy         ....  72 

SPEAKER,  to  take  the  chair  at  the  hour  of  meeting        -         -         -  1 

"         to  have  preference  in  speaking  to  order         ...  2 

"         to  rise  to  put  a  question      ------  3 

"         to  decide  questions  of  order         .....  2 

"         to  examine  the  Journal       -.-.--  6 

"         to  have  direction  over  the  Hall    -----  6 

"         to  appoint  committees         ------  7 

"         to  name  member  who  is  to  speak        ....  33 

"         to  call  members  to  order     -.-.-.  35 

"         to  have  direction  over  unappropriated  rooms          -         -  147 

"         may  substitute  a  member  in  his  place  -         -         -         -  6 

"         case  in  which  he  shall  or  may  vote      ....  12 

"         to  sign  acts,  addresses,  writs,  subpoenas,  &c.          -  15 
"         Divine  service  not  to  be  performed  in  the  Hall,  unless  by 

consent  of  the                                    .-  '"  '*•        -         -  140 

SPEAKER'S  TABLE,  mode  of  disposing  of  business  on    •  25 

SPEAKING,  rules  to  be  observed  in  the  House       -     31,  32,  33,  34,  35,  36, 37 

"  «  "          in  Committee     -         -         -         -     134,  32 

"          private  discourse  not   to   be  entertained,  nor  is   any 
person  to  pass  between  the  chair  and  the  member 

who  is           ------..  39 

SPEAK,  Speaker  to  designate  the  member  who  is  first  to  33 
"      no  member  to  speak  more  than  once  or  twice  -         -         37,38,134 

SPEECH,  no  speech  to  exceed  an  hour          -         -         -         •"".••  3* 
SPIRITS,  not  to  be  brought  within  or  about  the  Capitol  (joint 

rule) !    ..  19 

STENOGRAPHERS,  may  be  admitted  on  the  floor,  &c.     ...  13 

"              further  regulations  for      -----  19 

STRIKE  OUT  AND  INSERT,  rules  respecting  motions  to  -  53 

SUBSTITUTE  for  a  proposition,  rule  respecting  a  -  55 

SUMMONS,  to  be  signed  by  the  Speaker        .....  15 

SUSPENSION  OF  RULES,  two-thirds  necessary         ...»  135 

"                    "         only  to  be  permitted  on  Monday      -         -  137 


INDEX  TO  THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 


123 


T.  Rule 

TAXES  OH  DUTIES,  respecting  the  imposition  of  -         ...  131,132 

TELLERS  may  be  appointed  to  count  in  certain  cases    ...  4 

U. 

UNCOVERED,  members  to  sit       -         -        ••  .  '' • ,      •:''.''•        •  39 

UNFINISHED  BUSINESS,  to  have  precedence,  &c.  ....  58 

V. 

VOTE,  may  be  taken  on  each  item  of  appropriation       -        -        •  151 

"      no  member  to  vote  when  interested,  or  without  the  bar        -  40,  41 

"      every  member  present  shall  vote,  unless  excused         -  42 

"      to  be  given  viva  voce        .......  14 

VOTING,  manner  of----.----  4 

"        who  are  to  be  excluded  from          .....  40,  41 

"        if  a  member  requests  to  vote,  he  is  to  be  interrogated  by 

the  Speaker    --------  40 

VIVA  VOCE,  elections  to  be  by    -         -        -        -         •      '..«•• 

W. 

WITNESSES,  how  to  be  subpoenaed     ......  15 

"           rule  for  compensating     -         -         -         -         -         -  141 

WITHDRAWAL  of  motions,  rule  respecting  the      ....  44,  45 

WHITS,  SUBPIBNAS,  &c.,  to  be  signed  by  the  Speake    &'            -  15 

WRITING,  motions  to  be  reduced  to,  if  desired                                 •  44 

WORDS  EXCEPTED  TO,  to  be  reduced  to  writing                       -        -  36 

Y. 

YEAS  AND  NATS,  when  calling,  no  one  to  go  near  the  table  -        -  39 

"                 "       to  be  taken  alphabetically         ....  62 


INSIDE     VIEW     OF     A     LEGISLATIVE     HALL 


v 


^x 


^$^\ 
&208 

i& 


ON    THE    PLAN  OF   THE  HOUSE    OF   REPRESENTATIVES,  U.  S. 

':  (124) 


RULES  OF  THE  U.  S.  SENATE. 


125 


RULES 


CONDUCTING  BUSINESS 


SENATE  OF  THE  UNITED  STATES. 


RULE  1.  The  President  having  taken  the  chair,  and  a 
quorum  being  present,  the  Journal  of  the  preceding  day 
shall  be  read,  to  the  end  that  any  mistake  may  be  cor- 
rected that  shall  be  made  in  the  entries. 

R.  2.  No  member  shall  speak  to  another,  or  otherwise 
interrupt  the  business  of  the  Senate,  or  read  any  news- 
paper, while  the  Journals  or  public  papers  are  reading, 
or  when  any  member  is  speaking  in  any  debate. 

R.  3.  Every  member,  when  he  speaks,  shall  address 
the  Chair,  standing  in  his  place ;  and,  when  he  has  fin- 
ished, shall  sit  down. 

R.  4.  No  member  shall  speak  more  than  twice,  in  any 
one  debate,  on  the  same  day,  without  leave  of  the 
Senate. 

R.  5.  When  two  members  rise  at  the  same  time,  the 
President  shall  name  the  person  to  speak ;  but  in  all 
cases  the  member  who  shall  first  rise  and  address  the 
Chair  shall  speak  first. 

R.  6.  When  a  member  shall  be  called  to  order  by  the 
President,  or  a  Senator,  he  shall  sit  down ;  and  every 
question  of  order  shall  be  decided  by  the  President,  with- 

11* 


126 


RULES  OF  THE  U.  S.  SENATE. 


out  debate,  subject  to  an  appeal  to  the  Senate ;  and  the 
President  may  call  for  the  sense  of  the  Senate  on  any 
question  of  order. 

R.  7.  If  the  member  be  called  to  order  by  a  senator 
for  words  spoken,  the  exceptionable  words  shall  immedi- 
ately be  taken  down  in  writing,  that  the  President  may 
be  better  enabled  to  judge  of  the  matter. 

R.  8.  No  member  shall  absent  himself  from  the  service 
of  the  Senate,  without  leave  of  the  Senate  first  obtained. 
And,  in  case  a  less  number  than  a  quorum  of  the  Senate 
shall  convene,  they  are  hereby  authorized  to  send  the 
Sergeant-at-arms,  or  any  other  person  or  persons  by 
them  authorized,  for  any  or  all  absent  members,  as  the 
majority  of  such  members  present  shall  agree,  at  the  ex- 
pense of  such  absent  members,  respectively,  unless  such 
excuse  for  non-attendance  shall  be  made  as  the  Senate, 
when  a  quorum  is  convened,  shall  judge  sufficient ;  and, 
in  that  case,  the  expense  shall  be  paid  out  of  the  contin- 
gent fund.  And  this  rule  shall  apply  as  well  to  the  first 
convention  of  the  Senate  at  the  legal  time  of  meeting,  as 
to  each  day  of  the  session,  after  the  hour  has  arrived  to 
which  the  Senate  stood  adjourned. 

R.  9.  No  motion  shall  be  debated  until  the  same  shall 
be  seconded. 

R.  10.  When  a  motion  shall  be  made  and  seconded,  it 
shall  be  reduced  to  writing,  if  desired  by  the  President, 
or  any  member,  delivered  in  at  the  table,  and  read,  before 
the  same  shall  be  debated. 

R.  11.  When  a  question  is  under  debate,  no  motion 
shall  be  received  but,  1st,  to  adjourn,  2d,  to  lie  on  the 
table,  3d,  to  postpone  indefinitely,  4th,  to  postpone  to  a 
day  certain,  5th,  to  commit,  or,  6th,  to  amend ;  which 
several  motions  shall  have  precedence  in  the  order  they 
stand  arranged,  and  the  motion  for  adjournment  shall 
always  be  in  order,  and  be  decided  without  debate. 

R.  12.  If  the  question  in  debate  contains  several  points, 


RULES  OF  THE  U.  S.  SENATE. 


127 


any  member  may  have  the  same  divided :  but,  on  a  mo- 
tion to  strike  out  and  insert,  it  shall  not  be  in  order  to 
move  for  a  division  of  the  question  :  but  the  rejection  of 
a  motion  to  strike  out  and  insert  one  proposition  shall  not 
prevent  a  motion  to  strike  out  and  insert  a  different  pro- 
position ;  nor  prevent  a  subsequent  motion,  simply  to 
strike  out ;  nor  shall  the  rejection  of  a  motion  simply  to 
strike  out  prevent  a  subsequent  motion  to  strike  out  and 
insert. 

R.  1 3.  In  filling  up  blanks,  the  largest  sum  and  longest 
time  shall  be  first  put. 

R.  14.  When  the  reading  of  a  paper  is  called  for,  and 
the  same  is  objected  to  by  any  member,  it  shall  be  deter- 
mined by  a  vote  of  the  Senate,  and  without  debate. 

R.  15.  The  unfinished  business  in  which  the  Senate 
was  engaged  at  the  last  preceding  adjournment, -shall 
have  the  preference  in  the  special  orders  of  the  day. 

R.  16.  When  the  yeas  and  nays  shall  be  called  for  by 
one-fifth  of  the  members  present,*  each  member  called 
upon  shall,  unless  for  special  reason  he  be  excused  by 
the  Senate,  declare  openly,  and  without  debate,  his  assent 
or  dissent  to  the  question.  In  taking  the  yeas  and  nays, 
and  upon  the  call  of  the  house,  the  names  of  the  mem- 
bers shall  be  taken  alphabetically. 

R.  17.  When  the  yeas  and  nays  shall  be  taken  upon 
any  question,  in  pursuance  of  the  above  rule,  no  member 
shall  be  permitted,  under  any  circumstances  whatever,  to 
vote  after  the  decision  is  announced  from  the  Chair. 

R.  18.  On  a  motion  made  and  seconded  to  shut  the 
doors  of  the  Senate,  on  the  discussion  of  any  business 
which  may,  in  the  opinion  of  a  member,  require  secrecy, 
the  President  shall  direct  the  gallery  to  be  cleared ;  and, 
during  the  discussion  of  such  motion,  the  doors  shall 
remain  shut. 


•  See  Art.  I.,  Sec.  5.,  page  12  Constitution  of  the  U.  States. 


RULES  OF  THE  U.   S.   SENATE. 


R.  1 9.  No  motion  shall  be  deemed  in  order,  to  admit 
any  person  or  persons  whatsoever  within  the  doors  of  the 
Senate  chamber  to  present  any  petition,  memorial,  or  ad- 
dress, or  to  hear  any  such  read. 

R.  20.  When  a  question  has  been  once  made  and  car- 
ried in  the  affirmative  or  negative,  it  shall  be  in  order  for 
any  member  of  the  majority  to  move  for  the  reconsidera- 
tion thereof:  but  no  motion  for  the  reconsideration  of 
any  vote  shall  be  in  order  after  a  bill,  resolution,  mes- 
sage, report,  amendment,  or  motion  upon  which  the  vote 
was  taken,  shall  have  gone  out  of  the  possession  of  the 
Senate,  announcing  their  decision ;  nor  shall  any  motion 
for  reconsideration  be  in  order,  unless  made  on  the  same 
day  on  which  the  vote  was  taken,  or  within  the  next  two 
days  of  actual  session  of  the  Senate  thereafter. 

R.  21.  When  the  Seriate  are  equally  divided,  the  Secre- 
tary shall  take  the  decision  of  the  President. 

R.  22.  All  questions  shall  be  put  by  the  President  of 
the  Senate,  either  in  the  presence  or  absence  of  the  Presi- 
dent of  the  United  States ;  and  the  senators  shall  signify 
their  assent  or  dissent,  by  answering,  ay*  or  no.* 

R.  23.  The  Vice  President,  or  President  of  the  Senate 
pro  tempore,  shall  have  the  right  to  name  a  member  to 
perform  the  duties  of  the  chair ;  but  such  substitution 
shall  not  extend  beyond  an  adjournment. 

R.  24.  After  the  Journal  is  read,  the  President  shall 
first  call  for  petitions,  and  then  for  reports  from  standing 
committees ;  and  every  petition  or  memorial,  or  other 
paper,  shall  be  referred,  of  course,  without  putting  a 
question  for  that  purpose,  unless  the  reference  is  objected 
to  by  a  member  at  the  time  such  petition,  memorial,  or 
other  paper,  is  presented.  And  before  any  petition  or 
memorial,  addressed  to  the  Senate,  shall  be  received  and 
read  at  the  table,  whether  the  same  shall  be  introduced 


*  See  Constitution  of  the  U.  States,  Art.  I.,  Sec.  5,  p.  12. 


RULES  OF  THE   U.  S.  SENATE. 


129 


by  the  President  or  a  member,  a  brief  statement  of  the 
contents  of  the  petition  or  memorial  shall  verbally  be 
made  by  the  introducer. 

R.  25.  One  day's  notice,  at  least,  shall  be  given  of  an 
intended  motion  for  leave  to  bring  in  a  bill ;  and  all  bills 
reported  by  a  committee,  shall,  after  the  first  reading,  be 
printed  for  the  use  of  the  Senate :  but  no  other  paper  or 
document  shall  be  printed  for  the  use  of  the  Senate,  with- 
out special  order. 

R.  26.  Every  bill  shall  receive  three  readings  previous 
to  its  being  passed ;  and  the  President  shall  give  notice 
at  each,  whether  it  be  the  first,  second,  or  third ;  which 
readings  shall  be  on  three  different  days,  unless  the  Sen- 
ate unanimously  direct  otherwise.  And  all  resolutions 
proposing  amendments  to  the  constitution,  or  to  which 
the  approbation  and  signature  of  the  President  may  be 
requisite,  or  which  may  grant  money  out  of  the  contin- 
gent or  any  other  fund,  shall  be  treated,  in  all  respects,  in 
the  introduction  and  form  of  proceedings  on  them,  in  the 
Senate,  in  a  similar  manner  with  bills;  and  all  other 
resolutions  shall  lie  on  the  table  one  day  for  considera- 
tion, and  also  reports  of  committees. 

R.  27.  No  bill  shall  be  committed  or  amended  until  it 
shall  have  been  twice  read,  after  which  it  may  be  referred 
to  a  committee. 

R.  28.  All  bills  on  a  second  reading  shall  first  be  con- 
sidered by  the  Senate  in  the  same  manner  as  if  the  Sen- 
ate were  in  committee  of  the  whole,  before  they  shall  be 
taken  up  and  proceeded  on  by  the  Senate  agreeably  to 
the  standing  rules,  unless  otherwise  ordered.  And  when 
the  Senate  shall  consider  a  treaty,  bill,  or  resolution,  as 
in  committee  of  the  whole,  the  Vice  President,  or  Presi- 
dent pro  tempore,  may  call  a  member  to  fill  the  chair,  dur- 
ing the  time  the  Senate  shall  remain  in  committee  of  the 
whole  :  and  the  chairman  so  called  shall,  during  such 
time,  have  the  powers  of  a  President  pro  tempore. 


RULES  OF  THE  U.  S.  SENATE. 


R.  29.  The  final  question,  upon  the  second  reading  of 
every  bill,  resolution,  constitutional  amendment,  or  mo- 
tion, originating  in  the  Senate,  and  requiring  three  read- 
ings previous  to  being  passed,  shall  be,  "Whether  it  shall 
be  engrossed  and  read  a  third  time  ?"  and  no  amendment 
shall  be  received  for  discussion  at  the  third  reading  of 
any  bill,  resolution,  amendment,  or  motion,  unless  by 
unanimous  consent  of  the  members  present ;  but  it  shall 
at  all  times  be  in  order,  before  the  final  passage  of  any 
such  bill,  resolution,  constitutional  amendment,  or  motion, 
to  move  its  commitment ;  and  should  such  commitment 
take  place,  and  any  amendment  be  reported  by  the  com- 
mittee, the  said  bill,  resolution,  constitutional  amendment, 
or  motion,  shall  be  again  read  a  -second  time,  and  con- 
sidered as  in  committee  of  the  whole,  and  then  the  afore- 
said question  shall  be  again  put. 

R.  30.  The  special  orders  of  the  day  shall  not  be  called 
by  the  Chair  before  one  o'clock,  unless  otherwise  directed 
by  the  Senate. 

R.  31.  The  titles  of  bills,  arid  such  parts  thereof  only 
as  shall  be  affected  by  proposed  amendments,  shall  be 
inserted  on  the  Journals. 

R.  32.  The  proceedings  of  the  Senate,  when  not  acting 
as  in  committee  of  the  whole,  shall  be  entered  on  the 
Journal  as  concisely  as  possible,  care  being  taken  to  de- 
tail a  true  and  accurate  account  of  the  proceedings ;  but 
every  vote  of  the  Senate  shall  be  entered  on  the  Journal, 
and  a  brief  statement  of  the  contents  of  each  petition, 
memorial,  or  paper,  presented  to  the  Senate,  shall  also  be 
inserted  on  the  Journal. 

R.  33.  The  following  standing  committees,  to  consist 
of  five  members  each,  shall  be  appointed  at  the  com- 
mencement of  each  session,  with  leave  to  report  by  bill 
or  otherwise : 

A  Committee  on  Foreign  Relations. 

A  Committee  on  Finance. 


RULES  OF  THE  U.  S.  SENATE. 


131 


A  Committee  on  Commerce. 

A  Committee  on  Manufactures. 

A  Committee  on  Agriculture. 

A  Committee  on  Military  Affairs. 

A  Committee  on  the  Militia. 

A  Committee  on  Naval  Affairs. 

A  Committee  on  Public  Lands. 

A  Committee  on  Private  Land  Claims. 

A  Committee  on  Indian  Affairs. 

A  Committee  of  Claims. 

A  Committee  on  Revolutionary  Claims. 

A  Committee  on  the  Judiciary. 

A  Committee  on  the  Post  Office  and  Post  Roads. 

A  Committee  on  Roads  and  Canals. 

A  Committee  on  Pensions. 

A  Committee  on  the  District  of  Columbia. 

A  Committee  on  Patents  and  the  Patent  Office. 

A  Committee  on  Retrenchment,  to  consist  of  five  mem- 
bers, whose  duty  it  shall  be  to  take  into  consideration  the 
expenditures  of  the  government  in  the  several  depart- 
ments thereof,  and  to  inquire  whether  any,  and,  if  any, 
what  retrenchment  can  be  made,  without  injury  to  the 
public  service ;  and  to  report  thereupon,  together  with 
such  propositions  relative  thereto  as  to  them  shall  seem 
expedient. 

A  Committee  on  Territories,  to  consist  of  five  mem- 
bers. 

A  Committee  of  three  members,  whose  duty  it  shall 
be  to  audit  and  control  the  contingent  expenses  of  the 
Senate. 

A  Committee  on  Public  Buildings,  to  consist  of  three 
members,  to  act  jointly  with  the  same  committee  of  the 
House  of  Representatives. 

A  Committee  on  Printing,  to  consist  of  three  members, 
to  whom  shall  be  referred  every  question  on  the  printing 
of  documents,  reports,  or  other  matter  transmitted  by 


COR.RDLC 
II.  REM. 


RULES  OF  THE  U.  S.  SENATE. 


either  of  the  executive  departments,  and  all  memorials, 
petitions,  accompanying  documents,  together  with  all 
other  matter,  the  printing  of  which  shall  be  moved,  ex- 
cepting bills  originating  in  Congress,  resolutions  offered 
by  any  senator,  communications  from  the  legislatures  of 
the  respective  States,  and  motions  to  print  by  order  of  the 
standing  committees  of  the  Senate ;  and  it  shall  be  the 
duty  of  such  Committee  on  Printing  to  report  in  every 
case  in  one  day,  or  sooner,  if  practicable 

And  a  committee,  consisting  of  three  members,  whose 
duty  it  shall  be  to  examine  all  bills,  amendments,  resolu- 
tions, or  motions,  before  they  go  out  of  possession  of  the 
Senate,  arid  shall  deliver  the  same  to  the  Secretary  of  the 
Seriate,  who  shall  enter  upon  the  Journal  that  the  same 
have  been  correctly  engrossed. 

R.  34.  In  the  appointment  of  the  standing  committees 
the  Senate  will  proceed  by  ballot  severally  to  appoint  the 
chairman  of  each  committee,  and  then,  by  one  ballot,  the 
other  members  necessary  to  complete  the  same ;  and  a 
majority  of  the  whole  number  of  votes  given  shall  be  ne- 
cessary to  the  choice  of  a  chairman  of  a  standing  com- 
mittee. All  other  committees  shall  be  appointed  by 
ballot,  and  a  plurality  of  votes  shall  make  a  choice. 
When  any  subject  or  matter  shall  have  been  referred  to 
a  committee,  any  other  subject  or  matter  of  a  similar 
nature  may,  on  motion,  be  referred  to  such  committee. 

R.  35.  When  motions  are  made  for  reference  of  the 
same  subject  to  a  select  committee,  and  to  a  standing 
committee,  the  question  on  reference  to  the  standing  com- 
mittee shall  be  first  put. 

R.  36.  When  nominations  shall  be  made  in  writing  by 
the  President  of  the  United  States  to  the  Senate,  a  future 
day  shall  be  assigned,  unless  the  Senate  unanimously 
direct  otherwise,  for  taking  them  into  consideration. 
Nominations  neither  approved  nor  rejected  during  the 
session  at  which  they  are  made,  shall  not  be  acted  upon 


RULES  OF  THE  U.  S.  SENATE.  133 


See  Const 
U.  S.,  Art. 
II.,  Sec.'2, 


at  any  succeeding  session  without  being  again  made  by 
the  President.  When  the  President  of  the  United  States 
shall  meet  the  Senate  in  the  Senate  chamber,  the  Presi- 
dent of  the  Senate  shall  have  a  chair  on  the  floor,  con- 
sidered as  the  head  of  the  Senate,  and  his  chair  shall  be 
assigned  to  the  President  of  the  United  States.  When 
the  Senate  shall  be  convened  by  the  President  of  the 
United  States  to  any  other  place,  the  President  of  the 
Senate  and  senators  shall  attend  at  the  place  appointed. 
The  Secretary  of  the  Senate  shall  also  attend  to  take  the 
minutes  of  the  Senate. 

R.  37.  Whenever  a  treaty  shall  be  laid  before   the 
Senate  for  ratification,  it  shall  be  read  a  first  time  for  in- 

I  page  28. 

formation  only;  when  no  motion  to  reject,  ratify,  or 
modify  the  whole,  or  any  part,  shall  be  received.  Its 
second  reading  shall  be  for  consideration  and  on  a  subse- 
quent day ;  when  it  shall  be  taken  up  as  in  committee  of 
the  whole,  and  every  one  shall  be  free  to  move  a  ques- 
tion on  any  particular  article,  in  this  form :  "  Will  the 
Senate  advise  and  consent  to  the  ratification  of  this 
article?"  or  to  propose  amendments  thereto,  either  by 
inserting  or  by  leaving  out  words ;  in  which  last  case, 
the  question  shall  be,  "  Shall  these  words  stand  as  part 
of  the  article  ?"  And  in  every  of  the  said  cases,  the  con- 
currence of  two-thirds  of  the  senators  present  shall  be 
requisite  to  decide  affirmatively.  And  when  through  the 
whole,  the  proceedings  shall  be  stated  to  the  house,  and 
questions  shall  be  again  severally  put  thereon  for  con- 
firmation, or  new  ones  proposed,  requiring,  in  like  man- 
ner, a  concurrence  of  two-thirds,  for  whatever  is  retained 
or  inserted ;  the  votes  so  confirmed  shall,  by  the  house, 
or  a  committee  thereof,  be  reduced  into  the  form  of  a 
ratification,  with  or  without  modifications,  as  may  have 
been  decided,  and  shall  be  proposed  on  a  subsequent  day, 
when  every  one  shall  again  be  free  to  move  amendments, 
either  by  inserting  or  leaving  out  words ;  in  which  last 

12 


II.  REPS. 


134 


RULES  OF  THE  U.  S.  SENATE. 


case,  the  question  shall  be,  "  Shall  these  words  stand  as 
part  of  the  resolution  ?"  And,  in  both  cases,  the  concur- 
rence of  two-thirds  shall  be  requisite  to  carry  the  affirma- 
tive, as  well  as,  on  the  final  question,  to  advise  and  con- 
sent to  the  ratification  in  the  form  agreed  to. 

R.  38.  All  confidential  communications,  made  by  the 
President  of  the  United  States  to  the  Senate,  shall  be  by 
the  members  thereof  kept  secret ;  and  all  treaties  which 
may  be  laid  before  the  Senate  shall  also  be  kept  secret 
until  the  Senate  shall,  by  their  resolution,  take  off  the 
injunction  of  secrecy. 

R.  39.  All  information  or  remarks,  touching  or  con- 
cerning the  character  or  qualifications  of  any  person 
nominated  by  the  President  to  office,  shall  be  kept  secret. 

R.  40.  When  acting  on  confidential  or  executive  busi- 
ness, the  Senate  shall  be  cleared  of  all  persons,  except  the 
Secretary,  the  principal  or  the  executive  Clerk,  the  Ser- 
geant-at-arms  and  Doorkeeper,  and  the  Assistant  Door- 
keeper. 

R.  41.  The  legislative  proceedings,  the  executive  pro- 
ceedings, and  the  confidential  legislative  proceedings  of 
the  Senate,  shall  be  kept  in  separate  and  distinct  books.* 

R.  42.  The  President  of  the  United  States  shall,  from 
time  to  time,  be  furnished  with  an  authenticated  transcript 
of  the  executive  records  of  the  Senate ;  and  all  nomina- 
tions approved,  or  definitively  acted  on  by  the  Senate, 
shall  be  returned  by  the  Secretary,  from  day  to  day,  as 
such  proceedings  may  occur  ;  but  no  further  extract  from 
the  executive  Journal  shall  be  furnished,  except  by  spe- 
cial order ;  and  no  paper,  except  original  treaties  trans- 
mitted to  the  Senate  by  the  President  of  the  United 
States,  or  any  executive  officer,  shall  be  returned  or  de- 
livered from  the  office  of  the  Secretary,  without  an  order 
of  the  Senate  for  that  purpose. 

*  See  Constitution  of  the  U.  States,  Art.  I.,  Se'c.  5,  p.  12. 


RULES  OF  THE   U.  S.   SENATE. 


135 


R.  43.  When  an  amendment  to  be  proposed  to  the 
Constitution  is  under  consideration,  the  concurrence  of 
two-thirds  of  the  members  present  shall  not  be  requisite 
to  decide  any  question  for  amendments,  or  extending  to 
the  merits,  being  short  of  the  final  question. 

R.  44.  When  any  question  may  have  been  decided  by 
the  Senate,  in  which  two-thirds  of  the  members  present 
are  necessary  to  carry  the  affirmative,  any  member  who 
votes  on  that  side  which  prevailed  in  the  question,  may 
be  at  liberty  to  move  for  a  reconsideration  ;  and  a  motion 
for  reconsideration  shall  be  decided  by  a  majority  of 
votes. 

R.  45.  Messages  shall  be  sent  to  the  House  of  Repre- 
sentatives by  the  Secretary,  who  shall  previously  endorse 
the  final  determination  of  the  Senate  thereon. 

R.  46.  Messengers  are  introduced  in  any  state  of  busi- 
ness, except  while  a  question  is  putting,  while  the  yeas 
and  nays  are  calling,  or  while  the  ballots  are  counting. 

R.  47.  The  following  persons,  and  none  others,  shall 
be  admitted  on  the  floor  of  the  Senate :  members  of  the 
House  of  Representatives,  and  their  Clerk  ;  the  Secretary 
of  State,  the  Secretary  of  the  Treasury,  the  Secretary  of 
War,  the  Secretary  of  the  Navy,  the  Attorney  General, 
and  the  Postmaster  General ;  the  private  Secretary  of  the 
President,  chaplains  to  Congress,  judges  of  the  United 
States,  foreign  ministers,  and  their  secretaries ;  officers 
who,  by  name,  have  received,  or  shall  hereafter  receive, 
the  thanks  of  Congress  for  their  gallantry  and  good  con- 
duct in  the  service  of  their  country,  or  who  have  received 
medals  by  a  vote  of  Congress ;  the  governor  for  the  time 
being  of  any  State  or  Territory  of  the  Union ;  the  ex- 
governors  of  the  several  States;  the  ex-officers  of  the 
Senate ;  such  gentlemen  as  have  been  heads  of  depart- 
ments, or  members  of  either  branch  of  Congress ;  persons 
who,  for  the  time  being,  belong  to  the  respective  State 
and  Territorial  legislatures;  and  persons  belonging  to 


COR.  RI-I.K 

I  H.  REPS. 

tons.  U.  S 

Art.  V., 

Stc.  1. 


Rule  56, 
II-  Rep*. 


Joint  R.  4. 


Role  27, 
H.  Reps. 


Rule  17, 
H.  Repa. 


136 


RULES  OF  THE  U.  S.  SENATE. 


COR.  RULE 
H.  REPS. 


Rule  6, 
H.  Reps. 


Rule  152, 
H  Reps. 


Cons.  U.  S. 
Art.  I., 
Sec.  5. 


such  legislatures  of  foreign  governments  as  are  in  amity 
with  the  United  States. 

R.  48.  The  presiding  officer  of  the  Senate  shall  have 
the  regulation  of  such  parts  of  the  Capitol  and  of  its  pas- 
sages as  are  or  may  be  set  apart  for  the  use  of  the  Senate 
and  its  officers. 

R.  49.  Whenever  a  claim  is  presented  to  the  Senate 
and  referred  to  a  committee,  and  the  committee  report 
that  the  claim  ought  not  to  be  allowed,  and  the  report  be 
adopted  by  the  Senate,  it  shall  not  be  in  order  to  move  to 
take  the  papers  from  the  files  for  the  purpose  of  referring 
them  at  a  subsequent  session,  unless  the  claimants  shall 
present  a  memorial  for  that  purpose,  stating  in  what 
manner  the  committee  have  erred  in  their  report,  or  that 
new  evidence  has  been  discovered  since  the  report,  and 
setting  forth  the  new  evidence  in  the  memorial :  Pro- 
vided, That  this  rule  shall  not  extend  to  any  case  where 
an  adverse  report,  not  in  writing,  shall  have  been  made 
prior  to  the  25th  of  January,  1842. 

R.  50.  Any  officer  or  member  of  the  Senate  convicted 
of  disclosing  for  publication  any  written  or  printed  matter 
directed  by  the  Senate  to  be  held  in  confidence  shall  be 
liable,  if  an  officer,  to  dismissal  from  the  service  of  the 
Senate,  and,  in  the  case  of  a  member,  to  suffer  expulsion 
from  the  body. 


INDEX  TO  THE  RULES  OF  THE  U.  S.  SENATE. 


137 


INDEX 


TO 


THE   RULES   OF   THE   SENATE 


THE  UNITED  STATES. 


A. 

ABSENCE,  from  the  Senate, not  allowed  without  leave-         - 

"         without  leave,  in  cases  of,  the  Sergeant-at-arms  may  be  sent 
ADJOURNMENT,  motion  for,  has  precedence         - 
ADMISSION  on  the  floor,  the  persons  entitled  to  - 

AMENDMENTS  to  a  resolution  to  amend  the  Constitution,  carried  by  a 
majority          ........ 

APPEAL  allowed  from  the  decision  of  the  President     - 


Rule 

8 

8 

11 

47 

43 
6 


B. 

BILLS  may  be  introduced  upon  one  day's  notice          ••,.*.••.,.• 
"      shall  be  read  twice  before  amendment  or  reference    - 
"      reported,  shall  be  printed         ....... 

"      shall  receive  three  readings  on  different  days    -        -         -         - 

"      on  second  reading,  considered  as  in  committee  of  the  whole 

"      proceedings  on,  at  different  stages 

"      titles  of,  only,  and  parts  affected  by  amendments,  inserted  on  the 
Journal     .......... 

"      engrossed,  how  examined,  reported,  and  entered         ... 
"      joint  rule  relative  to  printing  of       -----        - 

BLANKS,  'in  filling,  what  motions  have  preference        .... 

BUSINESS,  unfinished,  has  preference         ...... 

12* 


INDEX  TO  THE  RULES  OF  THE  II.  S.  SENATE. 


Rule 

CHAIR  to  be  addressed ..--3 

CHARACTER  of  persons  nominated  to  be  kept  secret     -         -         -         -     39 

CLAIMS,  effect  of  decisions  upon         --..---49 
COMMIT,  motion  to,  in  order  at  any  time  before  final  passage       -         -     29 
COMMITTEES,  standing     ---------33 

"  how  appointed     --------34 

"  reports  from  standing,  when  received     -         -         -         -     24 

"  reports  of,  to  lie  one  day       ------     26 

COMMUNICATIONS,  confidential  to  be  kept  secret          -         -         -         -     38 

CONFIDENCE,  respecting  violations  of         ......     50 

CONSENT,  bills  may  be  read  three  times  in  one  day,  by  unanimous       -     26 
"         nominations  may  be  considered  on  the  day  received,  by  unani- 
mous            -        -        --         -36 

CONSTITUTION,  what  majority  requisite  to  amend  a  resolution  proposing 

amendments  to  the          -         -         -         -         -         -     43 

CONVERSATION  among  the  members,  not  allowed  during  the  debate,  or 
while  papers  are  reading 

D. 

DEBATE,  no  member  to  speak  more  than  twice,  in  one  day,  in  the  same, 

without  leave          ........4 

"         not  allowed  on  a  call  to  order     ......       6 

"         prohibited  on  a  motion  to  adjourn         -         -         -         •  1 1 

"         not  allowed  on  a  call  for  reading  papers         -        -         -         -     14 

"         not  allowed  in  taking  yeas  and  nays  -          -         -         -         -     16 

DOCUMENTS,  to  be  printed  only  by  special  order  -         -        -         -25 

E. 

EXECUTIVE  RECORD,  extracts  from,  prohibited  -  •  -  •  -  42 
EXECUTIVE  PROCEEDINGS  to  be  kept  in  separate  books  -  -  -  41 
EXPULSION,  a  cause  for  ---------  50 


F. 
FLOOR  OF  SENATE,  the  persons  entitled  to  admission  on  the 


G. 

GALLERIES,  when  they  shall  be  cleared 


-     47 


INDEX  TO  THE  RULES  OF  THE  U.  S.  SENATE. 


139 


J. 

Rule 

JOURNAL,  to  be  read  on  a  quorum  assembling  •  "*''••  -  -  1 
"  to  contain  the  titles  only  of  bills,  and  the  parts  affected  by 

proposed  amendments  -         -         -        -         -         -        -31 

"         every  vote  to  be  entered  on         -  -         -        -        -     32 

"  a  brief  statement  of  every  memorial,  petition,  and  paper,  to 

be  entered  on        --------     32 

"  to  be  as  concise  as  possible,  when  acting  as  in  committee  of 

the  whole  -  •  -  "j"  tj  !•'  .....  32 
"  engrossed  bills  to  be  entered  on  -  -  -  -  -  -  32 


L. 

LEATB  to  bring  in  a  bill,  one  day's  notice  of  motion  for  required  -        -     25 

M. 

MEMBERS,  prohibited  from  speaking  to  each  other  during  debate  2 

"          present,  not  a  quorum,  empowered  to  send  for  absent  mem- 
bers   -----...--8 
"         shall  express  assent  or  dissent  by  ay  or  no  -         -         -     22 

MEMBER,  when  he  speaks,  shall  address  the  chair       ....       3 

"         after  speaking  shall  sit  down      ......      3 

"         shall  speak  but  twice  the  same  day,  in  one  debate,  without 

leave    --..-----.4 

"         first  rising  and  addressing  the  chair,  shall  speak  first    -        -       5 
"         called  to  order  by  the  President  or  senator,  shall  sit  down      -       6 
"         words  of,  shall  be  taken  down,  when  called  to  order  by  a 

senator          -         -        -         -        -         -         -        -        -7 

"         shall  not  absent  himself  without  leave          -         -         -         -8 

"         any,  may  desire  a  motion  to  be  reduced  to  writing        -        -     10 
"         may  have  a  question  divided,  if  susceptible  of  division  -  12 

"         required  to  vote  when  yeas  and  nays  are  called   -         -        -     16 
"         not  allowed  to  vote  after  decision  is  announced     -         -        -     17 

MEMORIAL  OB  PETITION,  contents  oft  shall  be  stated  before  received 

and  read         ------     24 

"  "  when  received  -----      -.^    21 

"  "  how  referred      ......    24 

"  "  contents  of,  to  be  entered  on  the  Journal      -     32 

MESSENGERS,  when  introduced  .......46 

MOTION,  not  to  be  debated  until  seconded  ------       9 

"         made  and  seconded,  shall,  if  desired,  be  reduced  to  writing    -     10 
"         to  be  read  before  debated     -         -         -        -        -        -         -10 


40 


INDEX  TO  THE  RULES  OF  THE  IT.  S.  SENATE. 


Rule 
MOTION,  to  adjourn  has  preference    -         -         -         -         -         -         -11 

"         to  adjourn,  to  be  decided  without  debate        -         -         -        -     11 

"         privileged,  what  shall  be,  when  a  subject  is  under  debate         -     11 
"         privileged  in  filling  blanks  -        -         -         -        -         -         -13 

«         privileged,  in  reference  to  select  or  standing  committees          -     35 
"         to  close  the  galleries,  shall  be  discussed  confidentially     -  18 

"         to  admit  persons  for  the  purpose  of  presenting  memorial,  not 

in  order         -----.---19 

"        to  reconsider,  when  and  by  whom  may  be  made  -        -        -44 


N, 

NEWSPAPERS,  not  to  be  read  while  a  member  is  speaking    - 
NOMINATIONS  not  to  be  considered  on  the  day  received,  unless  by  con- 
sent         36 

"  not  finally  acted  on  during  the  session,  to  fall        -        -    36 

NOTICE  of  one  day  required  of  an  intended  motion  for  leave  to  bring  in 

a  bill 25 

O. 

OFFICER  of  the  Senate,  for  what  liable  to  dismissal      -  -     50 

ORDERS  of  the  day,  special,  not  called  before  one  o'clock      -         -         -     30 

"        of  the  day,  special,  unfinished  business  has  preference  in          -     15 

ORDER,  interruption  of-         -         -         -        -         -         -.-         -2 

"       upon  a  call  to,  the  member  shall  sit  down       ....       6 

"       questions  of,  to  be  decided  without  debate        ....       6 

«       appeals  on  questions  of,  may  be  made  from  the  President's  de- 
cision      --..-.----6 

"       on  questions  of,  the  President  may  require  the  sense  of  the 

Senate     -.....----6 

"       upon  a  call  to,  by  a  senator,  for  words  spoken,  the  exceptionable 

words  shall  be  taken  down        ......       7 


P. 

PAPERS  AND  DOCUMENTS  not  to  be  printed  without  special  order  -         -  25 

PERSONS  not  admitted  to  present  a  memorial,  &c.        -         -         -  19 

"         entitled  to  admission  on  floor,  the         -         -         -         -         -  47 

PETITION,  before  received,  contents  of,  to  be  stated     -         -         -         -  24 

"         when  received          ........24 

"         how  referred    ---------  24 

"         contents  of  those  presented  to  be  entered  on  the  Journal        -  32 


INDEX  TO  THE  RULES  OF  THE  U.  S.  SENATE. 


141 


Rule 

PBESIDEHT  to  be  first  addressed  by  the  speaker  .....  3 

"           to  decide  when  two  or  more  rise  at  the  same  time  to  speak  5 

"           to  decide  questions  of  order     ......  6 

"  may  call  for  the  sense  of  the  Senate  on  a  question   of 

order          -         -    _    -        -         -         -        -         -         -6 

"           may  desire  a  motion  to  be  reduced  to  writing    -        -         -  10 

"           to  decide  on  an  equal  division  -        -        -        -        -         -  21 

"           decision  of,  on  an  equal  division,  to  be  taken  by  the  Secre- 
tary -         -        -         «        ».-.*•,..*•     .-       *        -  21 
"           shall  put  all  questions     .......22 

"  may,  for  a  limited  time,  name  a  member  to  perform  the 

duties  of  the  Chair 23 

"          may  appoint  a  chairman,  while  the  Senate  are  acting  as  in 

committee  of  the  whole        ......  28 

"           to  give  notice  of  the  several  readings  of  bills      -         -         -  20 
"          to  have  the  regulation  of  the  parts  of  the  Capitol  appropri- 
ated to  the  Senate 48 

"           to  be  assigned  the  President's  chair  when  attending  the  de- 
liberations of  the  Senate      -        -        -        -        -        -  36 

PIIESIDIXG  OFFICER  of  the  Senate  to  have  the  regulation  of  certain 

parts  of  the  Capitol         -                  -         -         -  48 

Pui VILEGE  of  admission  to  the  floor,  persons  entitled  to               -        -  47 


Q- 

QUESTIOX  under  debate,  when,  and  by  what  motions  superseded  -        -     1 1 
"          may  be  divided         ........12 

"          final,  on  second  reading  ------         -29 

"          to  be  decided,  ay  or  no    -         -        -         -        -        -         -     22 

«          to  be  put  by  the  President  of  the  Senate     -        -         -        -     22 

"         on  amending  the  Constitution,  short  of  the  main  question, 

to  be  determined  by  a  majority      -        -         -         -         -     43 

QUORUM,  proceedings  when  a  less  number  shall  have  assembled  8 


R. 


REAPING  NEWSPAPERS  prohibited  while  the  Journals  or  public  papers 

are  reading  or  a  member  speaking 
"        of  a  paper  called  for,  and  objected  to,  to  be  decided  by  the 

Senate  ..-...----14 

RECOSSIDEHATIOX,  motion  for,  may  be  made  by  one  of  the  majority     -     20 

or  by  a  member  of  the  side  that  prevailed      -        -    44 


142 


INDEX  TO  THE  RULES  OF  THE  U.  S.  SENATE. 


Rule 
RECONSIDERATION,  motion  for,  must  be  made  within  two  days  after 

vote        - 20 

"  motion  for,  must  be  made  before  the  subject-matter 

is  out  of  possession  of  Senate     -         -        -         -     20 

"  of  a  question  requiring  the  affirmative  vote  of  two- 

thirds,  to  be  determined  by  a  majority         -         -44 
RECORD,  executive,  extracts  from,  prohibited       -         -         -         -         -     42 

REFERENCE  of  petitions,  &c.,  how  made    ------     24 

REPORTS  of  standing  committees,  when  received          -        -         -         -     24 

"         of  committees,  to  lie  one  day        ------     26 

RESOLUTIONS,  requiring  approbation  of  the  President  to  amend  Consti- 
tution, and  grant  money,  to  be  treated  as  bills    -        -     26 
«  other,  to  lie  one  day     -------26 

"  on  third  reading,  amended  only  by  consent    -         -         -     29 

«  engrossed,  recommitted,  and  reported,  to  be  again  read  a 

second  time    --------29 


S. 


SECRECY  enjoined  on  confidential  communications      -        -        -        -    38 

"         enjoined  on  remarks  on  persons  nominated  -         -        -        -     39 

"         enjoined  on  treaties    --------38 

SECRETARY  to  endorse  bills  passed,  &c.     ------    45 

"  to  take  the  decision  of  the  Vice  President  when  the  Senate 

is  equally  divided        -         -         -         -         -        -         -21 

"            to  receive  from  committee,  and  enter  engrossed  bills  -         -     33 
M            to  furnish  the  President  with  transcripts  of  executive  Jour- 
nal   ' 42 

"  to  attend  and  take  minutes  when  Senate  is  convened  to  any 

other  place         .-----.-36 

"  to  make  returns  on  nominations,  from  day  to  day      -         -     42 

"  to  return  or  deliver  no  paper,  except  original  treaties,  with- 

out order  of  Senate    -------42 

"  to  furnish  no  extract  from  executive  Journal  without  spe- 

cial order  ---------42 

"  to  convey  messages  to  House  of  Representatives       -        -    45 

SENATE,  proceedings  of,  when  a  number  less  than  a  quorum  shall  have 

assembled      -        -       t"-^^.1       -----      8 

"        proceedings  of,  in  quasi  committee,  to  be  entered  concisely    -    32 
"         ceremonial  proceedings  when  met  by  the  President  of  the 
United  States  at  any  other  place  than  the  Senate  Cham- 
ber       .         -         -         -         -       -  ,-..m<2  -.      ~        -     36 


INDEX  TO  THE  RULES  OF  THE  U.  S.  SENATE. 


143 


SENATE,  relating  to  the  executive  proceedings  of 


«        who  shall  be  admitted  when  engaged  in  executive  or  confi- 
dential business      -         -        .   *    «s    •~5*'"     »        -         -     40 

"         the  proceedings  of,  to  be  recorded  separately          -         -        -     41 

"         transcripts  and  extracts  from  executive  records,  in  what  cases 

furnished       .........42 

«         votes  of,  to  be  entered  on  Journal        -        -        -        -        -     32 

"         contents  of  memorials  and  petitions  presented  to,  to  be  entered 

on  the  Journal        -        -        -        -         -        -        -.-32 

"         shall  be  cleared  of  all  persons  except  their  officers,  when  act- 
ing on  executive  business        ......     40 

"         executive  proceedings  of,  to  be  recorded  separately  from  the 

legislative      .........41 

SPEAKING,  among  the  members,  prohibited  during  debate  2 

"          more  than  twice  in  one  day,  on  the  same  subject,  pro- 
hibited      ...-..*.        -4 

T. 

TIME,  LONGEST,  first  put  -.-----.-13 

TREATIES,  proceedings  on         --------     37 

"          to  be  kept  secret,  until  injunction  be  removed     -         -        -    38 

U. 

UNFINISHED  BUSINESS,  has  preference  in  special  orders      -        -         -     15 


V. 


VICE  PRESIDENT,  OB  PRESIDENT  PRO  TEMFORE,  may  appoint  a  chair- 
man  -----....23 
VOTE,  every,  to  be  entered  on  the  journal  ------     32 

"      no  member  allowed  to,  after  decision  is  announced    -        -        -     17 

i 

W. 

WORDS,  exceptionable,  shall  be  taken  down,  when  a  call  to  order  is 

made  by  a  senator    .------.7 


144 


INDEX  TO  THE  RULES  OF  THE  U.  S.  SENATE. 


Y. 

YEAS  AND  NATS,  to  be  called  alphabetically 
"  "       may  be  required  by  one-fifth  - 

to  be  taken  without  debate 


Rule 

-  16 

-  16 

-  16 


"       after  being  taken,  no  member  allowed  to  enter  his 

vote  •-  -----IT 


JEFFERSON'S  MANUAL, 


CONTAINING    THE 


RULES  OF  PARLIAMENTARY  PRACTICE, 


EXPLANATORY   NOTES, 


A  TRANSLATION  OF  FOREIGN  PHRASES, 


WITH 


MARGINAL  INFERENCES  TO  THE  RULES  OF  THE  TWO  HOUSES  OF  CONGRESS,  WEIGH  HAVE  BOOT 
DERIVED   THEREFROM. 


WITH 


AN  INDEX. 


13 


AUTHOR  OF  THE  DECLARATION  OP  INDEPENDENCE  AND  OF  JEFFERSON'S 
MANUAL. 


A  MANUAL* 

OP 

PARLIAMENTARY  PRACTICE. 

BY   THOMAS   JEFFERSON. 
IMPORTANCE   OF   RULES. 

SECTION  I. 

THE  IMPORTANCE  OF  ADHERING  TO  RULES. 

MR.  OXSLOW,  the  ablest  among  the  Speakers  of  the  House  of  Com 
mons,  used  to  say,  '  It  was  a  maxim  he  had  often  heard  when  he  was 
a  young  man,  from  old  and  experienced  members,  that  nothing  tended 
more  to  throw  power  into  the  hands  of  administration,  and  those  who 
acted  with  the  majority  of  the  House  of  Commons,  than  a  neglect  of, 
or  departure  from,  the  rules  of  proceeding :  that  these  forms,  as  insti- 
tuted by  our  ancestors,  operated  as  a  check  and  control  on  the  actions 
of  the  majority,  and  that  they  were,  in  many  instances,  a  shelter  and 
protection  to  the  minority  against  the  attempts  of  power.'  So  far  the 
maxim  is  certainly  true,  and  is  founded  in  good  sense,  that  as  it  is 
always  in  the  power  of  the  majority,  by  their  numbers,  to  stop  any 
improper  measures  proposed  on  the  part  of  their  opponents,  the  only 
weapons  by  which  the  minority  can  defend  themselves  against  similar 
attempts  from  those  in  power,  are  the  forms  and  rules  of  proceeding, 
which  have  been  adopted,  as  they  were  found  necessary,  from  time  to 
time,  and  are  become  the  law  of  the  House ;  by  a  strict  adherence  to 
which,  the  weaker  party  can  only  be  protected  from  those  irregularities 
and  abuses  which  these  forms  were  intended  to  check,  and  which  the 
wantonness  of  power  is  but  too  often  apt  to  suggest  to  large  and  suc- 
cessful majorities.  [2  Hats.  171,  172.  ] 


*  This  Manual  was  compiled  more  than  half  a  century  ago  by  Ex-President  Jefferson 

:It«  Parliamentary  rules  are  received  as  authority,  when  they  do  not  conflict  with  those 
of  Congress.    See  Rule  139,  House  Representatives,  page  134. 

(147) 


148 


PRIVILEGE. 


And  whether  these  forms  be  in  all  cases  the  most  rational  or  not,  is 
really  not  of  so  great  importance.  It  is  much  more  material  that 
there  should  be  a  rule  to  go  by,  than  what  that  rule  is ;  that  there  may 
be  an  uniformity  of  proceeding  in  business,  not  subject  to  the  caprice 
of  the  Speaker,  or  captiousness  of  the  members.  It  is  very  material 
that  order,  decency,  and  regularity  be  preserved  in  a  dignified  public 
body.  [  2  Hats.  149.  ] 


SECTION    II. 


PRIVILEGE. 

THE  privileges  of  the  members  of  Parliament,  from  small  and  obscure 
beginnings,  have  been  advancing  for  centuries  with  a  firm  and  never 
yielding  pace.  Claims  seem  to  have  been  brought  forward  from  time 
to  time,  and  repeated,  till  some  example  of  their  admission  enabled 
them  to  build  law  on  that  example.  We  can  only,  therefore,  state  the 
point  of  progression  at  which  they  now  are.  It  is  now  acknowledged, 
1st.  That  they  are  at  all  times  exempted  from  question  elsewhere  for 
anything  said  in  their  own  house ;  that  during  the  time  of  privilege, 
2d,  Neither  a  member  himself,  his  wife,  [  Ord.  of  the  H.  of  Com. 
1663,  July  16,  ]  or  his  servants,  for  any  matter  of  their  own,  may  be 
[Elsynge217.  1  Hats.  21.  1  Grey's  deb.  133,  ]  arrested,  on  mense  pro- 
cess,* in  any  civil  suit.  3d,  Nor  be  detained  under  execution,  though 
levied  before  time  of  privilege.  4th,  Nor  impleaded,  cited,  or  sub- 
poenaed in  any  court.  5th,  Nor  summoned  as  a  witness  or  juror. 
6th,  Nor  may  their  lands  or  goods  be  distrained.  7th,  Nor  their  per- 
sons assaulted,  or  characters  traduced.  And  the  period  of  time, 
covered  by  privilege,  before  and  after  the  session,  with  the  practice  of 
short  prorogations  under  the  connivance  of  the  crown,  amounts  in  fact 
to  a  perpetual  protection  against  the  course  of  justice.  In  one  instance, 
indeed,  it  has  been  relaxed  by  the  10  G.  3.  c.  50,  which  permits  judiciary 
proceedings  to  go  on  against  them.  That  these  privileges  must  be  con- 
tinually progressive  seems  to  result  from  their  rejecting  all  definition 
of  them  ;  the  doctrine  being  that  « their  dignity  and  independence  are 
preserved  by  keeping  their  privileges  indefinite;'  and  that  'the  maxims 
upon  which  they  proceed,  together  with  the  method  of  proceeding,  rest 
entirely  in  their  own  breast,  and  are  not  defined  and  ascertained  by 
any  particular  stated  laws.'  [  1  Blackst.  163,  164.  ] 

While  privilege  was  understood  in  England  to  extend,  as  it  does  here, 
only  to  exemption  from  arrest  eundo,  morando,  et  reuendo,f  the  House 
of  Commons  themselves  decided  that  '  a  convenient  time  was  to  be 
understood.'  (1580.)  [  1  Hats.  99,  100.  ]  Nor  is  the  law  so  strict  in 


*  And  compelled  to  give  bail. 

t  For  the  necessary  time  of  going  V»,  remaining  at,  and  returning  from, 


PRIVILEGE. 


149 


point  of  time  as  to  require  the  party  to  set  out  immediately  on  his 
return,  but  allows  him  time  to  settle  his  private  affaire  and  to  prepare 
for  his  journey ;  and  does  not  even  scan  his  road  very  nicely,  nor  forfei 
his  protection  for  a  little  deviation  Trom  that  which  is  most  direct 
some  necessity,  perhaps,  constraining  him  to  it.     [2  Stra.  986,  987.  ] 

This  privilege  from  arrest,  privileges  of  course  against  all  process  the 
disobedience  to  which  is  punishable  by  an  attachment  of  the  person 
as  a  subpoena  ad  respondendum,  or  testificandum,*  or  a  summons  on  a 
jury,  and  with  reason ;  because  a  member  has  superior  duties  to  per- 
form in  another  place. 

Privilege  from  arrest  takes  place  by  force  of  the  election ;  and  before 
a  return  be  made,  a  member  elected  may  be  named  of  a  committee 
and  is  to  every  intent  a  member,  except  that  he  cannot  vote  until  he  is 
sworn.  [  Memor.  107,  108.  Dewes,  642,  col.  2,  643,  col.  1.  Pet.  miscel, 
parl.  119.  Lex.  Part.  c.  23.  2  Hats.  22,  62.  ] 

Every  man  must,  at  his  peril,  take  notice  who  are  members  of  either 
house  returned  of  record.  [  Lex.  Parl.  23,  4.  inst.  24.  ] 

On  complaint  of  a  breach  of  privilege,  the  party  may  either  be  sum- 
moned, or  sent  for  in  custody  of  the  serjeant.  [  1  Grey,  88,  95.  ] 

The  privilege  of  a  member  is  the  privilege  of  the  House.  If  the 
member  waive  it  without  leave,  it  is  a  ground  for  punishing  him,  bui 
cannot  in  effect  waive  the  privilege  of  the  House.  [  3  Grey,  140,  222.  ] 
For  any  speech  or  debate  in  either  house,  they  shall  not  be 
questioned  in  any  other  place.  [  S.  P.  Protest  of  the  Commons 
to  James  I.  1621.  2  Rapin,  No.  54,  pp.  211,  212.  ]  But  this  is  restrained 
to  things  done  in  the  House  in  a  parliamentary  course.  [  1  Rush.  663.  ] 
For  he  is  not  to  have  privilege  contra  morem  parliamentarium,  -j-  tc 
exceed  the  bounds  and  limits  of  his  place  and  duty.  [  Com.  p.  ] 

If  an  offence  be  committed  by  a  member  in  the  House,  of  which  the 
House  has  cognizance,  it  is  an  infringement  of  their  right  for  any  per- 
son or  court  to  take  notice  of  it,  till  the  House  has  punished  the 
oiFender,  or  referred  him  to  a  due  course.  [  Lex.  Parl.  63.  ] 

Privilege  is  in  the  power  of  the  House,  and  is  a  restraint  to  the  pro- 
ceeding of  inferior  courts ;  but  not  of  the  House  itself.  [  2  Nalson, 
450.  2  Grey,  399.  ]  For  whatever  is  spoken  in  the  House  is  subject  to 
the  censure  of  the  House ;  and  offences  of  this  kind  have  been  severely 
punished  by  calling  the  person  to  the  bar  to  make  submission,  commit- 
ting him  to  the  tower,  expelling  the  House,  &c.  [  Scob.  72.  L.  Parl. 
c.  22.] 

It  is  a  breach  of  order  for  the  Speaker  to  refuse  to  put  a  question 
which  is  in  order.  [  2  Hats.  175,  6.  5  Grey,  133.  "| 

And  even  in  cases  of  treason,  felony,  and  breach  of  the  peace,  to 
which  privilege  does  not  extend  as  to  substance,  yet  in  Parliament  a 
member  is  privileged  as  to  the  mode  of  proceeding.  The  case  is  first 
to  be  laid  before  the  House,  that  it  may  judge  of  the  fact,  and  of  the 
grounds  of  the  accusation,  and  how  far  forth  the  manner  of  the  trial 
may  concern  their  privilege.  Otherwise  it  would  be  in  the  power  of 
other  branches  of  the  government,  and  even  of  every  private  man,  under 
pretences  of  treason,  &c.,  to  take  any  man  from  his  service  in  the 
House,  and  so  as  many,  one  after  another,  as  would  make  the  House 
what  he  pleaseth.  [  Dec.  of  the  Com.  on  the  King's  declaring  Sir  John 
Hotham  a  traitor.  4  Rushw.  586.  ]  So  when  a  member  stood  indicted 


*  A  summons  for  answering  or  testifying.          t  Contrary  to  Parliamentary  custom. 

13  *~ 


150 


QUORUM. 


I  of  felony,  it  was  adjudged  that  he  ought  to  remain  of  the  House  till 
conviction.  For  it  may  be  any  man's  case,  "who  is  guiltless,  to  be 
accused  and  indicted  of  felony,  or  the  like  crime.  [23  El.  1580. 
D'Ewes.  283,  col.  1.  Lex.  Parl.  133.  ] 

When  it  is  found  necessary  for  the  piiblic  service  to  put  a  member 
under  arrest,  or  when,  on  any  public  inquiry,  matter  comes  out  which 
may  lead  to  affect  the  person  of  a  member,  it  is  the  practice  immedi- 
ately to  acquaint  the  House  that  they  may  know  the  reasons  for  such 
a  proceeding,  and  take  such  steps  as  they  think  proper.  [  2  Hats.  259.  ] 
Of  which  see  many  examples.  [  Ib.  256,  257,  258.  ]  But  the  com- 
munication is  subsequent  to  the  arrest.  [  1  Blackst.  167.  ] 

It  is  highly  expedient,  says  Hatsell,  for  the  due  preservation  of  the 
privileges  of  the  separate  branches  of  the  legislature,  that  neither 
should  encroach  on  the  other,  or  interfere  in  any  matter  depending  be- 
fore them,  so  as  to  preclude,  or  even  influence  that  freedom  of  debate, 
which  is  essential  to  a  free  council.  They  are,  therefore,  not  to  take 
notice  of  any  bills  or  other  matters  depending,  or  of  votes  that  have 
been  given,  or  of  speeches  which  have  been  held,  by  the  members  of 
either  of  the  other  branches  of  the  legislature,  until  the  same  have  been 
communicated  to  them  in  the  usual  parliamentary  manner.  [  2  Hats. 
252.  4  Inst.  15.  Seld.  Jud.  53.  ]  Thus  the  king's  taking  notice  of  the 
bill  for  suppressing  soldiers  depending  before  the  House ;  his  proposing 
a  provisional  clause  for  a  bill  before  it  was  presented  to  him  by  the  two 
Houses ;  his  expressing  displeasure  against  some  persons  for  matters 
moved  in  Parliament  during  the  debate  and  preparation  of  a  bill,  were 
breaches  of  privilege;  [2-Nalson,  743,  ]  and  in  1783,  December  17,  it 
was  declared  a  breach  of  fundamental  privileges,  &c.,  to  report  any 
opinion,  or  pretended  opinion  of  the  king,  on  any  bill  or  proceeding 
depending  in  either  House  of  Parliament,  with  a  view  to  influence  the 
votes  of  the  members.  [  2  Hats.  251,  6.  ] 


SECTION    III. 


QUORUM. 


IN  general,  the  chair  is  not  to  be  taken  till  a  quorum  for  business  is 
present ;  unless,  after  due  waiting,  such  a  quorum  be  despaired  of, 
when  the  chair  may  be  taken,  and  the  House  adjourned.  And  when- 
ever, during  business,  it  is  observed  that  a  quorum  is  not  present,  any 
member  may  call  for  the  House  to  be  counted,  and  being  found  deficient, 
business  is  suspended.  [  2  Hats.  125,  126.  ] 


CALL   OF   THE    HOUSE. — SPEAKER. 


151 


SECTION  IV. 


CALL  OF  THE  HOUSE. 

ON  a  call  of  the  House,  each  person  rises  up  as  he  is  called  and 
answereth  ;  the  absentees  are  then  only  noted,  but  no  excuse  to  be  made 
till  the  House  be  fully  called  over.  Then  the  absentees  are  called  a 
second  time,  and  if  still  absent  excuses  are  to  be  heard.  [  Ord.  H. 
Com.  92.  ] 

They  rise  that  their  persons  may  be  recognized ;  the  voice  in  such  a 
crowd,  being  an  insufficient  verification  of  their  presence.  But  in  so 
small  a  body  as  the  Senate  of  the  United  States  the  trouble  of  rising 
cannot  be  necessary. 

Orders  for  calls  on  different  days  may  subsist  at  the  same  time, 
f  2  Hats.  72.  ] 


SECTION    V. 


SPEAKER. 

WHEN  but  one  person  is  proposed,  and  no  objection  made,  it  has  not 
been  usual  in  Parliament  to  put  any  question  to  the  House ;  but  without 
a  question,  the  members  proposing  him,  conduct  him  to  the  chair. 
But  if  there  be  objection,  or  another  proposed,  a  question  is  put  by  the 
Clerk.  [2  Hats.  168.]  As  are  also  questions  of  adjournment. 
[  G  Grey,  406.  ]  Where  the  House  debated  and  exchanged  messages 
and  answers  with  the  king  for  a  week,  without  a  Speaker,  till  they 
were  prorogued,  they  have  done  it  dedie  in  diem*  for  fourteen  days. 
[  1  Chand.  331,  335.  ] 

Where  the  Speaker  has  been  ill,  other  Speakers,  pro  tempore,  have 
been  appointed.  Instances  of  this  are  1  H.  4.  Sir  John  Cheyney, 
and  so  Sir  William  Sturton,  and  in  15  H.  6.  Sir  John  Tyrrel,  in  1656. 
Jan.  27,  1658.  March  9,  1659.  Jan.  13. 

Sir  Job  Charlton  ill.    Seymour  chosen  1673,  Feb.  18.  ~)  not  mereiy  pro 

Seymour  being  ill,  Sir  Robt.  Sawyer  chosen,  1678, 
April  16.  ^  temp.  [1  Chand. 

Sawyer  being  ill,  Seymour  chosen.  J  169,  276,  277.  ] 

Thorpe  in  execution,  a  new  Speaker  chosen,  [  31  H.  Vt  3  Grey,  11,  ] 

and  March  14,  1694,  Sir  John  Trevor  chosen.     There  have  been  no  later 

instances.     2  Hats.  161.  4  Inst  8  L.  Parl.  263. 

A  Speakerf  may  be  removed  at  the  will  of  the  House,  and  a  Speaker 

pro  temporef  appointed.     [2  Grey,  186.  5  Grey,  134.  ] 


*  From  day  to  day. 


t  For  the  occasion. 


152 


ADDRESS. — COMMITTEES. 


SECTION  VI. 


ADDRESS. 

A  JOINT  uddress  of  both  Houses  of  Parliament  is  read  by  the  Speaker 
of  the  House  of  Lords.  It  may  be  attended  by  both  Houses  in  a  body, 
or  by  a  Committee  from  each  House,  or  by  the  two  Speakers  only. 
An  address  of  the  House  of  Commons  only,  may  be  presented  by  the 
whole  House,  or  by  the  Speaker,  [  9  Grey,  473.  1  Chandler,  298,  301,  ] 
or  by  such  particular  members  as  are  of  the  Privy  Council.  [2  Hats.  278.] 


SECTION   VII. 


COMMITTEES. 

STANDING  Committees,  as  of  Privileges  and  Elections,  &c.,  are  usually 
appointed  at  the  first  meeting,  to  continue  through  the  session.  The 
person  first  named  is  generally  permitted  to  act  as  Chairman.  But 
this  is  a  matter  of  courtesy ;  every  Committee  having  a  right  to  elect 
their  own  Chairman,  who  presides  over  them,  puts  questions,  and 
reports  their  proceedings  to  the  House.  [4  Inst.  11,  12.  Scob.  9. 
1  Grey,  122.  ] 

At  these  Committees  the  members  are  to  speak  standing,  and  not 
sitting ;  though  there  is  reason  to  conjecture  it  was  formerly  otherwise. 
[  D'Ewes,  630,  col.  1.  4  Parl.  hist.  440.  2  Hats.  77.  ] 

Their  proceedings  are  not  to  be  published,  as  they  are  of  no  force 
till  confirmed  by  the  House.  [  Rushw.  part  3,  vol.  2.  74.  8  Grey,  401. 
Scob.  39.  ]  Nor  can  they  receive  a  petition  but  through  the  House. 
[  9  Grey,  412.  ] 

When  a  Committee  is  charged  with  an  inquiry,  if  a  member  prove  to 
be  involved,  they  cannot  proceed  against  him,  but  must  make  a  special 
report  to  the  House,  whereupon  the  member  is  heard  in  his  place,  or 
at  the  bar,  or  a  special  authority  is  given  to  the  Committee  to  inquire 
concerning  him.  [  9  Grey,  523.  ] 

So  soon  as  the  House  sits,  and  a  Committee  is  notified  of  it,  the 
Chairman  is  in  duty  bound  to  rise  instantly,  and  the  members  to  attend 
the  service  of  the  House.  [  2  Nals.  319.  ] 

It  appears  that  on  Joint  Committees  of  the  Lords  and  Commons, 
each  Committee  acted  integrally  in  the  following  instances :  [  7  Grey, 
261,  278,  285,  338.  1  Chandler,  357,  462.  ]  In  the  following  instances 
it  does  not  appear  whether  they  did  or  not :  [  6  Grey,  129.  7  Grey,  213, 
229,  321.  ] 


COMMITTEE   OF   THE  WHOLE. 


153 


SECTION  VIII. 


COMMITTEE    OF    THE    WHOLE. 


THE  speeches,  messages,  and  other  matters  of  great  concernment,  are 
usually  referred  to  a  Committee  of  the  whole  House.  [  6  Grey,  311.  ] 
Where  general  principles  are  digested  in  the  form  of  resolutions,  which 
are  debated  and  amended  till  they  get  into  a  shape  which  meets  the 
approbation  of  a  majority.  These  being  reported  and  confirmed  by  the 
House,  are  then  referred  to  one  or  more  Select  Committees,  according 
as  the  subject  divides  itself  into  one  or  more  bills.  [  Scob.  36,  44.  ] 
Propositions  for  any  charge  on  the  people  are  especially  to  be  first 
made  in  a  Committee  of  the  Whole.  [  3  Hats.  1 27.  ]  The  sense  of  the 
whole  is  better  taken  in  Committee,  because  in  all  Committees  every 
one  speaks  as  often  as  he  pleases.  [  Scob.  49.  ]  They  generally 
acquiesce  in  the  Chairman  named  by  the  Speaker  ;  but,  as  well  as  all 
other  Committees,  have  a  right  to  elect  one,  some  member,  by  consent, 
putting  the  question.  [  Scob.  36.  3  Grey,  301.  ]  The  form  of  going 
from  the  House  into  Committee,  is  for  the  Speaker,  on  motion,  to  put 
the  question,  that  the  House  do  now  resolve  itself  into  a  Committee  of 
the  Whole  to  take  under  consideration  such  a  matter,  naming  it.  If 
determined  in  the  affirmative,  he  leaves  the  chair,  and  takes  a  seat 
elsewhere,  as  any  other  member ;  and  the  person  appointed  Chairman 
seats  himself  at  the  Clerk's  table.  [  Scob.  36.  ]  Their  quorum  is  the 
same  as  that  of  the  House ;  and  if  a  defect  happens,  the  Chairman,  on 
a  motion  and  question,  rises,  the  Speaker  resumes  the  chair,  and  the 
Chairman  can  make  no  other  report  than  to  inform  the  House  of  the 
cause  of  their  dissolution.  If  a  message  is  announced  during  a  Com- 
mittee, the  Speaker  takes  the  chair,  and  receives  it,  because  the  Com- 
mittee cannot.  [  2  Hats.  125,  126.  ] 

In  a  Committee  of  the  Whole,  the  tellers  on  a  division,  differing  as  to 
the  numbers,  great  heats  and  confusion  arose,  and  danger  of  a  decision 
by  the  sword.  The  Speaker  took  the  chair,  the  mace  was  forcibly  laid 
on  the  table,  whereupon,  the  members  retiring  to  their  places,  the 
Speaker  told  the  House  '  he  had  taken  the  chair  without  an  order,  to 
bring  the  House  into  order.'  Some  exceptcd  against  it ;  but  it  was 
generally  approved  as  the  only  expedient  to  suppress  the  disorder. 
And  every  member  was  required,  standing  up  in  his  place,  to  engage 
that  he  would  proceed  no  further  in  consequence  of  what  had  hap- 
pened in  the  Grand  Committee,  which  was  done.  [  3  Grey,  128.  ] 

A.  Committee  of  the  Whole  being  broken  up  in  disorder,  and  the 
chair  resumed  by  the  Speaker  without  an  order,  the  House  was  ad- 
journed. The  next  day  the  Committee  was  considered  as  thereby  dis- 
solved, and  the  subject  again  before  the  House ;  and  it  was  decided  in 
the  House  without  returning  into  Committee.  [  3  Grey,  130.  ] 

No  previous  question  can  be  put  in  a  Committee  ;  nor  can  this  Com- 
mittee adjourn  as  others  may;  but  if  their  business  is  unfinished,  they 
rise,  on  a  question,  the  House  is  resumed,  and  the  Chairman  reports 
that  the  Committee  of  the  Whole  have,  according  to  order,  had  under 
their  consideration  such  a  matter,  and  have  made  progress  therein; 


Re.  131, 
132.&133, 
H.  Repres. 
pages  102, 
103. 


Re.  125, 
H.  Repres. 
p.  101. 


Re.  126, 
p.  101. 


154 


EXAMINATION    OF    WITNESSES. 


but  not  having  had  time  to  go  through  the  same,  have  directed  him  to 
ask  leave  to  sit  again.  Whereupon  a  question  is  put  on  their  having 
leave,  and  on  the  time  when  the  House  will  again  resolve  itself  into  a 
Committee.  [  Scob.  38.  ]  But  if  they  have  gone  through  the  matter 
referred  to  them,  a  member  moves  that  the  Committee  may  rise,  and 
the  Chairman  report  their  proceeding,  to  the  House;  which  being 
resolved,  the  Chairman  rises,  the  Speaker  resumes  the  chair,  the 
Chairman  informs  him  that  the  Committee  have  gone  through  the  busi- 
ness referred  to  them,  and  that  he  is  ready  to  make  report  when  the 
House  shall  think  proper  to  receive  it.  If  the  House  have  time  to  re- 
ceive it,  there  is  usually  a  cry  of  'Now,  now,'  whereupon  he  makes  the 
report ;  but  if  it  be  late,  the  cry  is  '  To-morrow,  to-morrow,'  or  '  on 
Monday,'  &c.,  or  a  motion  is  made  to  that  effect,  and  a  question  put 
that  it  be  received  to-morrow,  &c.  [  Scob.  38.  ] 

In  other  things  the  rules  of  proceeding  are  to  be  the  same  as  in  the 
House.     [  Scob.  39.  ] 


SECTION    IX. 


EXAMINATION    OF    WITNESSES. 


COMMON  fame  is  a  good  ground  for  the  House  to  proceed  by  inquiry, 
and  even  to  accusation.  [  Resolution  House  Commons.  1  Car.  1, 
1625.  Rush.  L.  ParL  115.  1  Grey,  16—22,  92.  8  Grey,  21,  23, 
27,  45.  ] 

Witnesses  are  not  to  be  produced  but  where  the  House  has  previously 
instituted  an  inquiry,  [2  Hats.  102,}  nor  then  are  orders  for  their 
attendance  given  blank.  [3  Grey,  61.  ] 

When  any  person  is  examined  before  a  Committee,  or  at  the  bar  of 
the  House,  any  member  wishing  to  ask  the  person  a  question,  must 
address  it  to  the  Speaker  or  Chairman,  who  repeats  the  question  to  the 
person,  or  says  to  him,  'you  hear  the  question,  answer  it.'  But  if  the 
propriety  of  the  question  be  objected  to,  the  Speaker  directs  the  witness, 
counsel,  and  parties  to  withdraw ;  for  no  question  can  be  moved  or  put, 
or  debated  while  they  are  there.  [  2  Hats.  108.  ]  Sometimes  the 
questions  are  previously  settled  in  writing  before  the  witness  enters. 
[  Ib.  106,  107.  8  Grey,  64.  ]  The  questions  asked  must  be  entered 
in  the  Journals.  [  3  Grey,  81  ]  But  the  testimony  given  in  answer 
before  the  House  is  never  written  down ;  but  before  a  Committee  it 
must  be,  for  the  information  of  the  House  who  are  not  present  to  hear 
it.  [  7  Grey,  52,  334.  ] 

If  either  House  have  occasion  for  the  presence  of  a  person  in  custody 
of  the  other,  they  ask  the  other  their  leave  that  he  may  be  brought  up 
to  them  in  custody.  [  3  Hats.  52.  ] 


ARRANGEMENT    OF    BUSINESS. ORDER. 


155 


A  member,  in  Ms  place,  gives  information  to  the  House  of  what  he 
knows  of  any  matter  under  hearing  at  the  bar.  [Jour.  H.  of  C.,  Jan. 
22,  1744—5.  ] 

Either  House  may  request,  but  not  command  the  attendance  of  a 
member  of  the  other.  They  are  to  make  the  request  by  message  to  the 
other  House,  and  to  express  clearly  the  purpose  of  attendance,  that  no 
improper  subject  of  examination  may  be  tendered  to  him.  The  House 
then  gives  leave  to  the  member  to  attend,  if  he  choose  it ;  waiting  first 
to  know  from  the  member  himself  whether  he  chooses  to  attend,  till 
which  they  do  not  take  the  message  into  consideration.  But  when  the 
Peers  are  sitting  as  a  court  of  criminal  judicature,  they  may  order 
attendance  ;  unless  where  it  be  a  case  of  impeachment  by  the  Commons. 
There  it  is  to  be  a  request.  [3  Hats.  17.  9  Grey,  306,  406.  10 
Grey,  133.  ] 

Counsel  are  to  be  heard  only  on  private,  not  on  public  bills,  and  on 
sueh  points  of  law  only  as  the  House  shall  direct.  [10  Grey,  61.  ] 


SECTION  X. 


ARRANGEMENT    OF    BUSINESS. 

THE  Speaker  is  not  precisely  bound  to  any  rules  as  to  what  bills  or 
other  matter  shall  be  first  taken  up,  but  is  left  to  his  own  discretion, 
unless  the  House  on  a  question  decide  to  take  up  a  particular  subject. 
[  Hakew.  136.  ] 

A  settled  order  of  business  is,  however,  necessary  for  the  government 
of  the  presiding  person,  and  to  restrain  individual  members  from  calling 
up  favourite  measures,  or  matters  under  their  special  patronage,  out 
of  their  just  turn.  It  is  usual  also  for  directing  the  discretion  of  the 
House,  when  they  are  moved  to  take  up  a  particular  matter,  to  the 
prejudice  of  others  having  priority  of  right  to  their  attention  in  the 
general  order  of  business. 


SECTION  XI. 


ORDER. 

IN  Parliament  '  instances  make  order,'  [  per  Speaker  Onslow,  2  Hats. 
141,  ]  but  what  is  done  only  by  one  Parliament,  cannot  be  called  cus- 
tom of  Parliament.  [  1  Grey,  52.  ] 


Rule  60, 
Sen.  page 
136. 


Re.  26, 27, 
H.  Heps, 
p.  74. 


Const.  U. 
8.  Art.  1. 
Sec.  6.  p. 
12. 


156 


ORDER  RESPECTING   PAPERS. — ORDER   IN    DEBATE. 


Rule  42, 
Sen.  page 
134. 


Rule.  31, 
Ho.  Reps, 
page  76. 


Re.  3,  Sen. 
p.  125. 

Rule  33, 
Ho.  Reps 
p.  76. 


Re.  5,  Sen 
p.  126. 

Re.  34,  & 
37,  H.  Rep 
pp.  76,  77 
Re.  4  Sen 
p.  126. 


SECTION   XII. 


ORDER  RESPECTING  PAPERS. 

THE  Clerk  is  to  let  no  journals,  records,  accounts,  or  papers  be  taken 
from  the  table,  or  out  of  his  custody.  [  2  Hats.  193,  194.  ] 

Mr.  Prynne  having,  at  a  Committee  of  the  Whole,  amended  a  mis- 
take in  a  bill  without  order  or  knowledge  of  the  Committee,  was  repri- 
manded. [  1  Chand.  77.  ] 

A  bill  being  missing,  the  House  resolved  that  a  protestation  should 
be  made  and  subscribed  by  the  members  '  before  Almighty  God  and 
this  honourable  House,  that  neither  myself  nor  any  other  to  my  know- 
ledge, have  taken  away,  or  do  at  this  present  conceal  a  bill  entitled,'  &c. 
,  [  6  Grey,  202.  ] 

After  a  bill  is  engrossed,  it  is  put  into  the  Speaker's  hands,  and  he 
is  not  to  let  any  one  have  it  to  look  into.  [  Town.  col.  209.  ] 


SECTION   XIII. 


ORDER    IN    DEBATE. 

WHEN  the  Speaker  is  seated  in  his  chair,  every  member  is  to  sit  in 
his  place.  [  Scob.  6.  3  Grey,  403.  ] 

When  any  member  means  to  speak,  he  is  to  stand  up  in  his  place, 
uncovered,  and  to  address  himself,  not  to  the  House,  or  any  particular 
member,  but  to  the  Speaker,  who  calls  him  by  his  name,  that  the 
House  may  take  notice  who  it  is  that  speaks.  [  Scob.  6.  D'Ewes,  487. 
Col.  1.  2  Hats.  77.  4  Grey,  66.  8  Grey,  108.  ]  But  members  who 
are  indisposed  may  be  indulged  to  speak  sitting.  [2  Hats.  75,  77. 
1  Grey,  195.] 

When  a  member  stands  up  to  speak,  no  question  is  to  be  put,  but  he 
is  to  be  heard,  unless  the  House  overrule  him.  [4  Grey,  390. 
5  Grey,  6,  143.  ] 

If  two  or  more  rise  to  speak  nearly  together  the  Speaker  determines 
who  was  first  up,  and  calls  him  by  name,  whereupon  he  proceeds,  un- 
less he  voluntarily  sits  down  and  gives  way  to  the  other.  But  some- 
times the  House  does  not  acquiesce  in  the  Speaker's  decision,  in  which 
case  the  question  is  put,  'which  member  was  first  up?'  [2  Hats.  76. 
Scob.  7.  D'Ewes,  434.  Col.  1,  2.  ] 

No  man  may  speak  more  than  once  to  the  same  bill  on  the  same  day ; 
or  even  on  another  day  if  the  debate  be  adjourned.  But  if  it  be  read 
more  than  once  in  the  same  day,  he  may  speak  once  at  every  reading. 


ORDER   IN   DEBATE. 


157 


[  Co.  12,  116.  Hakew.  148.  Scob.  58.  2  Hats.  75.  ]  Even  a  change 
of  opinion  does  not  give  a  right  to  be  heard  a  second  time.  [  Smyth 
Comw.  L.  2,  c.  3.  Arcan.  Parl.  17.  ] 

But  he  may  be  permitted  to  speak  again  to  clear  a  matter  of  fact. 
[  3  Grey,  357,  416.  ]  Or  merely  to  explain  himself,  2  Hats.  73,  in 
some  material  part  of  his  speech,  Ib.  75,  or  to  the  manner  or  words  of 
the  question,  keeping  himself  to  that  only,  and  not  travelling  into  the 
merits  of  it,  [  Memorials  in  Hakew.  29,  ]  or  to  the  orders  of  the 
House  if  they  be  transgressed,  keeping  within  that  line,  and  not  falling 
into  the  matter  itself.  [  Mem.  in  Hakew.  30,  31.  ] 

But  if  the  Speaker  rises  to  speak,  the  member  standing  up  ought  to 
sit  down,  that  he  may  be  first  heard.  [  Town.  col.  205.  Hale  Parl. 
133.  Mem.  in  Hakew.  30,  31.  ]  Nevertheless,  though  the  Speaker 
may  of  right  speak  to  matters  of  order,  and  be  first  heard,  he  is  re- 
strained from  speaking  on  any  other  subject,  except  where  the  House 
have  occasion  for  facts  within  his  knowledge ;  then  he  may,  with  their 
leave,  state  the  matter  of  fact.  [  3  Grey,  38.  ] 

No  one  is  to  speak  impertinently,  or  beside  the  question,  superflu- 
ously or  tediously.  [  Scob.  31,  33.  2  Hats.  166,  168.  Hale  Parl. 
133.] 

No  person  is  to  use  indecent  language  against  the  proceedings  of  the 
House,  no  prior  determination  of  which  is  to  be  reflected  on  by  any 
member,  unless  he  means  to  conclude  with  a  motion  to  rescind  it. 
[  2  Hats.  169,  170.  Rushw.  p.  3,  v.  1,  fol.  42.  ]  But  while  a  propo- 
sition is  under  consideration,  is  still  in  fieri,*  though  it  has  even  been 
reported  by  a  Committee,  reflections  on  it  are  no  reflections  on  the 
House.  [  9  Grey,  508.  ] 

No  person  in  speaking,  is  to  mention  a  member  then  present  by  his 
name ;  but  to  describe  him  by  his  seat  in  the  House,  or  who  spoke  last, 
or  on  the  other  side  of  the  question,  &c.  [  Mem.  in  Hakew.  3  Smyth's 
Comw.  L.  2,  c.  3,  ]  nor  to  digress  from  the  matter  to  fall  upon  the  per- 
son, [  Scob.  31.  Hale  Parl.  133.  2  Hats.  166,  ]  by  speaking,  reviling, 
nipping,  or  unmannerly  words  against  a  particular  member.  [  Smyth's 
Comw.  L.  2,  c.  3.  ]  The  consequences  of  a  measure  may  be  reprobated 
in  strong  terms ;  but  to  arraign  the  motives  of  those  who  propose  or 
advocate  it,  is  a  personality,  and  against  order.  Qui  digreditur  a 
materia  ad  personam.j-  Mr.  Speaker  ought  to  suppress.  [Ord.  Com. 
1604,  April  19.  ] 

No  one  is  to  disturb  another  in  his  speech  by  hissing,  coughing, 
spitting,  [6  Grey,  332.  Scob.  8.  Dewes,  332,  col.  1.  640,  col.  2,1 
speaking  or  whispering  to  another,  [  Scob.  6.  D'Ewes,  487,  col.  1.  ] 
nor  to  stand  up  or  interrupt  him,  [  Town.  col.  205.  Mem.  in  Hakew. 
31,  ]  nor  to  pass  between  the  Speaker  and  the  speaking  member,  nor  to 
go  across  the  House,  [  Scob.  6,  ]  or  to  walk  up  and  down  it,  or  to  take 
books  or  papers  from  the  table,  or  write  there.  [  2  Hats.  171.  ] 

Nevertheless,  if  a  member  finds  that  it  is  not  the  inclination  of  the 
House  to  hear  him,  and  that  by  conversation,  or  any  other  noise,  they 
endeavor  to  drown  his  voice,  it  is  his  most  prudent  way  to  submit  to 
the'pleasure  of  the  House,  and  sit  down ;  for  it  scarcely  ever  happens 
that  they  are  guilty  of  this  piece  of  ill-manners  without  sufficient  reason, 
or  inattentive  to  a  member  who  says  -any  thing  worth  their  hearing. 
[2  Hats.  77,  78.] 


Rule  39 
Ho.  Reps, 
p.  78. 


Rule   6, 
Sen.  p.  125. 


Progress. 


t  Those  who  depart  from  the  subject  to  personality. 


14 


T58 


ORDER   IN    DEBATE. 


Re.  35  & 
36,  House 
Reps,  page 
77. 


Rule  7, 
Sen.  page 
126. 


Joint  Re. 
6,  p.  108, 


If  repeated  calls  do  not  produce  order,  the  Speaker  may  call  by  his 
name  any  member  obstinately  persisting  in  irregularity,  whereupon  the 
House  may  require  the  member  to  withdraw.  He  is  then  to  be  heard 
in  exculpation,  and  to  withdraw.  Then  the  Speaker  states  the  offence 
committed,  and  the  House  considers  the  degree  of  punishment  they 
will  inflict.  [  2  Hats.  167,  7,  8,  172.  ] 

For  instances  of  assaults  and  affrays  in  the  House  of  Commons,  and 
the  proceedings  thereon,  see  1  Pet.  Misc.  82.  8  Grey,  128.  4  Grey, 
328.  5  Grey,  382.  6  Grey,  254.  10  Grey,  8.  Whenever  warm 
words,  or  an  assault,  have  passed  between  members,  the  House,  for  the 
protection  of  their  members,  requires  them  to  declare  in  their  places 
not  to  prosecute  any  quarrel,  [  3  Grey,  128,  293.  5  Grey,  289,  ]  or 
orders  them  to  attend  the  Speaker,  who  is  to  accommodate  their  differ- 
ences, and  report  to  the  House,  [  3  Grey,  419,  ]  and  they  are  put  under 
restraint  if  they  refuse,  or  until  they  do.  [  9  Grey,  234,  312.  ] 

Disorderly  words  are  not  to  be  noticed  till  the  member  has  finished 
his  speech.  [  5  Grey,  356.  6  Grey,  60.  ]  Then  the  person  objecting 
to  them,  and  desiring  them  to  be  taken  down  by  the  Clerk  at  the  table, 
must  repeat  them.  The  Speaker  then  may  direct  the  Clerk  to  take 
them  down  in  his  minutes.  But  if  he  thinks  them  not  disorderly,  he 
delays  the  direction.  If  the  call  becomes  pretty  general,  he  orders  the 
Clerk  to  take  them  down,  as  stated  by  the  objecting  member.  They  are 
then  part  of  his  minutes,  and  y-hen  read  to  the  offending  member,  he 
may  deny  they  were  his  words,  and  the  House  must  then  decide  by  a 
question  whether  they  are  his  words  or  not.  Then  the  member  may 
justify  them,  or  explain  the  sense  in  which  he  used  them,  or  apologize. 
If  the  House  is  satisfied,  no  further  proceeding  is  necessary.  But  if 
two  members  still  insist  to  take  the  sense  of  the  House,  the  member 
must  withdraw  before  that  question  is  stated,  and  then  the  sense  of  the 
House  is  to  be  taken.  [  2  Hats.  199.  4  Grey,  170.  6  Grey,  69.] 
When  any  member  has  spoken,  or  other  business  intervened,  after  offen- 
sive words  spoken,  they  cannot  be  taken  notice  of  for  censure.  And 
this  is  for  the  common  security  of  all,  and  to  prevent  mistakes  which 
must  happen  if  words  are  not  taken  down  immediately.  Formerly  they 
might  be  taken  down  any  time  the  same  day.  [  2  Hats.  196.  Mem.  in 
Hakew.  71.  3  Grey,  48.  9  Grey,  514.  ] 

Disorderly  words  spoken  in  a  Committee  must  be  written  down  as  in 
the  House ;  but  the  Committee  can  only  report  them  to  the  House  for 
animadversion.  [  6  Grey,  46.  ] 

In  Parliament  to  speak  irreverently  or  seditiously  against  the  king  is 
against  order.  [  Smyth's  Comw.  L.  2,  c.  3.  2  Hats.  170.  ] 

It  is  a  breach  of  order  in  debate  to  notice  what  has  been  said  on  the 
same  subject  in  the  other  House,  or  the  particular  votes  or  majorities 
on  it  there :  because  the  opinion  of  each  house  should  be  left  to  its  own 
independency,  not  to  be  influenced  by  the  proceedings  of  the  other ;  and 
the  quoting  them  might  beget  reflections  leading  to  a  misunderstanding 
between  the  two  houses.  [  8  Grey,  22.  ] 

Neither  House  can  exercise  any  authority  over  a  member  or  officer 
of  the  other,  but  should  complain  to  the  House  of  which  he  is,  and 
leave  the  punishment  to  them.  Where  the  complaint  is  of  words  dis- 
respectfully spoken  by  a  member  of  another  House,  it  is  difficult  to 
obtain  punishment,  because  of  the  rules  supposed  necessary  to  be 
observed  (as  to  the  immediate  noting  down  of  words)  for  the  security 
of  members.  Therefore,  it  is  the  duty  of  the  House  and  more  particu- 


ORDERS    OF   THE    HOUSE. 


159 


larly  of  the  Speaker  to  interfere  immediately,  and  not  to  permit  expres- 
sions to  go  unnoticed  which  may  give  a  ground  of  complaint  to  the 
other  House,  and  introduce  proceedings  and  mutual  accusations  be- 
tween the  two  Houses,  which  can  hardly  be  terminated  without  difficulty 
and  disorder.  [3  Hats.  51.  ] 

No  member  may  be  present  when  a  bill  or  any  business  concerning 
himself  is  debating ;  nor  is  any  member  to  speak  to  the  merits  of  it  til) 
he  withdraws.  [  2  Hats.  219.  ]  The  rule  is  that  if  a  charge  against 
a  member  arise  out  of  a  report  of  a  Committee,  or  examination  of  wit- 
nesses in  the  House,  as  a  member  knows  from  that  to  what  points  he  is 
to  direct  his  exculpation,  he  may  be  heard  to  those  points,  before  any 
question  is  moved  or  stated  against  him.  He  is  then  to  be  heard,  and 
withdraw  before  any  question  is  moved.  But  if  the  question  itself  is 
the  charge,  as  for  breach  of  order,  or  matter  arising  in  the  debate, 
there  the  charge  must  be  stated,  that  is,  the  question  must  be  moved, 
himself  heard,  and  then  to  withdraw.  [  2  Hats.  121,  122.  ] 

Where  the  private  interests  of  a  member  are  concerned  in  a  bill  or 
question,  he  is  to  withdraw.  And  where  such  an  interest  has  appeared, 
his  voice  has  been  disallowed,  even  after  a  division.  In  a  case  so  contrary, 
not  only  to  the  laws  of  decency,  but  to  the  fundamental  principle  of  the 
social  compact,  which  denies  to  any  man  to  be  a  judge  in  his  own  cause, 
it  is  for  the  honor  of  the  House  that  this  rule,  of  immemorial  observ- 
ance, should  be  strictly  adhered  to.  [  2  Hats.  119,  121.  6  Grey,  368.  ] 

No  member  is  to  come  into  the  House  with  his  head  covered,  nor 
remove  from  one  place  to  another  with  his  hat  on,  nor  put  on  his 
hat  in  coming  in,  or  removing  until  he  be  set  down  in  his  place. 
[  Scob.  6.  ] 

A  question  of  order  may  be  adjourned  to  give  time  to  look  into  pre- 
cedents. [2  Hats.  118.] 

In  Parliament,  all  decisions  of  the  Speaker  may  be  controlled  by  the 
House.  I"  3  Grey,  319.  J 


SECTION   XIV. 


ORDERS    OF    THE    HOUSE. 

OF  right,  the  door  of  the  House  ought  not  to  be  shut,  but  to  be  kept 
by  porters,  or  Serjeants  at  arms,  assigned  for  that  purpose.  [  Mod. 
Parl.  23.] 

The  only  case,  where  a  member  has  a  right  to  insist  on  any  thing,  is 
where  he  calls  for  the  execution  of  a  subsisting  order  of  the  House. 
Here,  there  having  been  already  a  resolution  any  member  has  a  right 
to  insist  that  the  Speaker,  or  any  other  whose  duty  it  is,  shall  carry  it 
into  execution  ;  and  no  debate  or  delay  can  be  had  on  it.  Thus  any 
member  has  a  right  to  have  the  House  or  gallery  cleared  of  strangers, 
an  order  existing  for  that  purpose ;  or  to  have  the  House  told  when 


Const.  U 
8.  Art.  1, 
Sec.  5.  p. 
12. 


Rule  40, 
H.  Repres. 
p.  78. 


Rule  39, 
Ho.  Reps, 
p.  78. 


Re.  2,  H. 

Reps.  p.  78. 

Rule    6, 
Sen.  p.  126. 


Rule  67, 
Ho.  Reps. 
)age  85. 


Rule  18, 
ten.  p.  127 


160 


PETITIONS 


there  is  not  a  quorum  present.  [  2  Hats.  87,  129.  ]  How  far  an  order 
of  the  House  is  binding,  see  Hakew.  392. 

But  where  an  order  is  made  that  any  particular  matter  be  taken  up 
on  a  particular  day,  there  a  question  is  to  be  put  when  it  is  called  for, 
whether  the  House  will  now  proceed  to  that  matter  ?  Where  orders  of 
the  day  are  on  important  or  interesting  matter,  they  ought  not  to  be 
proceeded  on  till  an  hour  at  which  the  House  is  usually  full. 

Orders  of  the  day  may  be  discharged  at  any  time,  and  a  new  one 
made  for  a  different  day.  [  3  Grey,  48,  313.  ] 

When  a  session  is  drawing  to  a  close,  and  the  important  bills  are  all 
brought  in,  the  House,  in  order  to  prevent  interruption  by  further  un- 
important bills,  sometimes  come  to  a  resolution  that  no  new  bill  be 
brought  in,  except  it  be  sent  from  the  other  House.  [  3  Grey,  156.  ] 

All  orders  of  the  House  determine  with  the  session ;  and  one  taken 
'under  such  an  order  may,  after  the  session  is  ended,  be  discharged  on 
a  habeas  corpus.*  [Raym.  120.  Jacob's  L.  D.  byRuffhead.  Parlia- 
ment, 1  Lev.  165.  Prichard's  case.  ] 


SECTION    XV. 


PETITIONS. 

A  PETITION  prays  something.  A  remonstrance  has  no  prayer. 
[  1  Grey,  58.  ] 

Petitions  must  be  subscribed  by  the  .petitioners,  [  Scob.  87.  L.  Parl. 
c.  22.  9  Grey,  362,  ]  unless  they  are  attending,  [  1  Grey,  401,  ]  or 
unable  to  sign,  and  averred  by  a  member.  [  3  Grey,  418.  ]  But  a 
petition  not  subscribed,  but  which  the  members  presenting  it  affirmed 
to  be  all  in  the  hand  writing  of  the  petitioner,  and  his  name  written  in 
the  beginning,  was  on  the  question  (March  14,  1800,)  received  by  the 
Senate.  The  averment  of  a  member  or  of  somebody  without  doors  that 
they  know  the  hand  writing  of  the  petitioners  is  necessary,  if  it  be  ques- 
tioned. [  6  Grey,  36.  ]  It  must  be  presented  by  a  member,  not  by  the 
petitioners,  and  must  be  opened  by  him,  holding  it  in  his  hand. 
[  10  Grey,  57.  ] 

Regularly  a  motion  for  receiving  it  must  be  made  and  seconded,  and 
a  question  put  whether  it  shall  be  received  ?  But  a  cry  from  the  House 
of  '  received,'  or  even  its  silence,  dispenses  with  the  formality  of  this 
question.  It  is  then  to  be  read  at  the  table  and  disposed  of. 


*  "  Have  you  the  body."  This  phrase  designates  the  most  emphatic  -words  of  a  -writ 
issued  by  a  Judge  or  Court,  commanding  a  person,  who  has  another  in  custody,  or  in 
imprisonment,  to  have  his  body  before  the  Judge  or  Court  at  a  particular  time  and 
place,  and  to  state  the  cause  of  imprisonment.  The  person,  whether  a  sheriff,  jailor,  or 
other  person,  is  bound  to  produce  the  body  of  the  prisoner  at  the  time  and  place  ap- 
pointed; if  the  prisoner  is  illegally  detained,  the  Judge  or  Court  are  bound  at  once  to 
get  him  at  liberty. 


MOTIONS. — RESOLUTIONS. BILLS,  LEAVE  TO  BRING  IN. 


161 


SECTION  XVI. 


MOTIONS. 

WHEN  a  motion  has  been  made,  it  is  not  to  be  put  to  the  question  or 
debated  until  it  is  seconded.  [  Scob.  21.  ] 

It  is  then,  and 'not  till  then,  in  possession  of  the  House,  and  cannot 
be  withdrawn  but  by  leave  of  the  House.  It  is  to  be  put  into  writing, 
if  the  House  or  Speaker  require  it,  and  must  be  read  to  the  House  by 
the  Speaker  as  often  as  any  member  desires  it  for  his  information. 
[  2  Hats.  82.  ] 

It  might  be  asked  whether  a  motion  for  adjournment  or  for  the  orders 
of  the  day  can  be  made  by  one  member  while  another  is  speaking  ?  It 
cannot.  When  two  members  offer  to  speak,  he  who  rose  first  is  to  be 
heard,  and  it  is  a  breach  of  order  in  another,  to  interrupt  him,  unless 
by  calling  him  to  order,  if  he  departs  from  it.  And  the  question  of 
order  being  decided,  he  is  still  to  be  heard  through.  A  call  for  ad- 
journment, or  for  the  order  of  the  day,  or  for  the  question,  by  gentle- 
men from  their  seats,  is  not  a  motion.  No  motion  can  be  made  without 
rising  and  addressing  the  chair.  Such  calls  are  themselves  breaches 
of  order,  which  though  the  member  who  has  risen  may  respect,  as  an 
expression  of  the  impatience  of  the  House  against  further  debate,  yet, 
if  he  chooses,  he  has  a  right  to  go  on. 


SECTION    XVII. 


RESOLUTIONS. 

WHEN  the  House  commands,  it  is  by  an  'order.'  But  facts,  princi- 
ples, their  own  opinions,  and  purposes  are  expressed  in  the  &rm  of 
resolutions. 


SECTION  XVIII. 

BILLS,    LEAVE    TO    BRING    IN. 

WHEN  a  member  desires  to  bring  in  a  bill  on  any  subject,  he  states 
to  the  House,  in  general  terms,  the  causes  for  doing  it,  and  concludes  by 

14*  L 


162 


BILLS,  FIRST  READING. — BILLS,  SECOND  READING. 


moving  for  leave  to  bring  in  a  bill  entitled,  &c.  Leave  being  given, 
on  the  question,  a  Committee  is  appointed  to  prepare  and  bring  in  the 
bill.  The  mover  and  seconder  are  always  appointed  on  this  Committee, 
and  one  or  more  in  addition.  [  Hakew.  132.  ] 

It  is  to  be  presented  fairly  written,  without  any  erasure  or  interlinea- 
tion, or  the  Speaker  may  refuse  it.     [  Scob.  41.     1  Grey,  82,  84.  ] 


SECTION    XIX. 


WHEN  a  bill  is  first  presented,  the  Clerk  reads  it  at  the  table  and 
hands  it  to  the  Speaker,  who,  rising,  states  to  the  House  the  title  of 
the  bill,  that  this  is  the  first  time  of  reading  it,  and  the  question  will 
be,  whether  it  shall  be  read  a  second  time  ?  Then  sitting  down  to  give 
an  opening  for  objections,  if  none  be  made,  he  rises  again  and  puts  the 
question  whether  it  shall  be  read  a  second  time  ?  [  Hakew.  137,  141.  ] 
A  bill  cannot  be  amended  at  the  first  reading,  [  6  Grey,  286,  ]  nor  is  it 
usual  for  it  to  be  opposed  then:  but  it  may  be  done  and  rejected. 
[  D'Ewes,  335,  col.  1.  3  Hats.  198.  ] 


SECTION  XX. 


BILLS,     SECOND    READING. 


THE  second  reading  must  regularly  be  on  another  day.  [  Hakew. 
143.  ]  It  is  done  by  the  Clerk  at  the  table,  who  then  hands  it  to  the 
Speaker.  The  Speaker,  rising,  states  to  the  House  the  title  of  the 
bill,  that  this  is  the  second  time  of  reading  it,  and  that  the  question 
will  be,  whether  it  shall  be  committed,  or  engrossed,  and  read  a  third 
time  ?  But  if  the  bill  came  from  the  other  House,  as  it  always  comes 
engrossed,  he  states  that  the  question  will  be  whether  it  shall  be  read  a 
third  time  ?  and  before  he  has  so  reported  the  state  of  the  bill,  no  one 
is  to  speak  to  it.  [  Hakew.  143,  146.  ] 


BILLS,    COMMITMENT. 


163 


SECTION    XXI. 


BILLS,    COMMITMENT. 

IF  on  motion  and  question  it  be  decided  that  the  bill  shall  be  com- 
mitted, it  may  then  be  moved  to  be  referred  to  a  Committee  of  the 
whole  house,  or  to  a  special  Committee.  If  the  latter,  the  Speaker 
proceeds  to  name  the  Committee.  Any  member  also  may  name  a  single 
person,  and  the  Clerk  is  to  write  him  down  as  of  the  Committee.  But 
the  House  have  a  controlling  power  over  the  names  and  number,  if  a 
question  be  moved  against  any  one,  and  may,  in  any  case,  put  in  and  put 
out  whom  they  please. 

Those  who  take  exceptions  to  some  particulars  in  the  bill  are  to  be 
of  the  Committee.  But  none  who  speak  directly  against  the  body  of  the 
bill.  For  he  that  would  totally  destroy  will  not  amend  it.  [  Hakew. 
146.  Town,  coll.  208.  D'Ewes,  634,  col.  2.  Scob.  47,  ]  or  as  is  said, 
[  5  Grey,  145,  ]  the  child  is  not  to  be  put  to  a  nurse  that  cares  not  for 
it.  [  6  Grey,  373.  ]  It  is,  therefore,  a  constant  rule,  '  that  no  man  is 
to  be  employed  in  any  matter  who  has  declared  himself  against  it.' 
And  when  any  member  who  is  against  the  bill  hears  himself  named  of 
its  Committee,  he  ought  to  ask  to  be  excused.  Thus,  March  7,  1606, 
Mr.  Hadley  was,  on  the  question  being  put,  excused  from  being  of 
a  Committee,  declaring  himself  to  be  against  the  matter  itself. 
[  Scob.  46.  ] 

The  Clerk  may  deliver  the  bill  to  any  member  of  the  Committee. 
[Town,  col.  138.]  But  it*is  usual  to  deliver  it  to  him  who  is  first 
named. 

In  some  cases  the  House  has  ordered  a  Committee  to  withdraw  im- 
mediately into  the  Committee  chamber,  and  act  on,  and  bring  back,  the 
bill,  the  House  continuing  to  sit.  [  Scob.  48.  ] 

A  Committee  meets  when  and  where  they  please,  if  the  House  has 
not  ordered  time  and  place  for  them.  [  6  Grey,  370. 1  But  they  can 
only  act  when  together,  and  not  by  separate  consultation  and  consent, 
nothing  being  the  report  of  the  Committee  but  what  has  been  agreed 
to  in  Committee  actually  assembled. 

A  majority  of  the  Committee  constitutes  a  quorum  for  business. 
[Elsynge's  method  of  passing  bills,  11.  ] 

Any  member  of  the  House  may  be  present  at  any  select  Committee, 
but  cannot  vote,  and  must  give  place  to  all  of  the  Committee,  and  sit 
below  them.  [Elsynge,  12.  Scob.  49.  ] 

The  Committee  have  full  power  over  the  bill,  or  other  paper  com- 
mitted to  them,  except  that  they  cannot  change  the  title  or  subject. 
[  8  Grey,  228.] 

The  paper  before  a  Committee,  whether  select,  or  of  the  whole,  may 
be  a  bill,  resolutions,  draught  of  an  address,  &c.,  and  it  may  either 
originate  with  them,  or  be  referred  to  them.  In  every  case,  the  whole 
paper  is  read  first  by  the  Clerk,  and  then  by  the  Chairman  by  para- 
graphs, [  Scob.  49,  ]  pausing  at  the  end  of  each  paragraph,  and  putting 
questions  for  amending,  if  proposed.  In  the  case  of  resolutions  on  dis- 
tinct subjects,  originating  with  themselves,  a  question  is  put  on  each 


164 


REPORT   OP   COMMITTEE. 


separately,  as  amended,  or  unamended,  and  no  final  question  on  the 
•whole.  [  3  Hats.  276.  ]  But  if  they  relate  to  the  same  subject,  a 
question  is  put  on  the  whole.  If  it  be  a  bill,  draught  of  an  Address,  or 
other  paper  originating  with  them,  they  proceed  by  paragraphs,  putting 
questions  for  amending,  either  by  insertion  or  striking  out,  if  proposed ; 
but  no  question  on  agreeing  to  the  paragraphs  separately.  This  is  re- 
served to  the  close,  when  a  question  is  put  on  the  whole,  for  agreeing 
to  it  as  amended,  or  unamended.  But  if  it  be  a  paper  referred  to  them, 
they  proceed  to  put  questions  of  amendment,  if  proposed,  but  no  final 
question  on  the  whole ;  because  all  parts  of  the  paper  having  been 
adopted  by  the  House,  stand  of  course,  unless  altered,  or  struck  out  by 
a  vote.  Even  if  they  are  opposed  to  the  whole  paper,  and  think  it  can- 
not be  made  good  by  amendments,  they  cannot  reject  it,  but  must  re- 
port it  back  to  the  House  without  amendments,  and  there  make  their 
opposition. 

The  natural  order,  in  considering  and  amending  any  paper,  is,  to  begin 
at  the  beginning,  and  proceed  through  it  by  paragraphs  ;  and  this  order 
is  so  strictly  adhered  to  in  Parliament,  that  when  a  latter  part  has 
been  amended,  you  cannot  recur  back  and  make  any  alteration  in  a 
former  part.  [  2  Hats.  90.  ]  In  numerous  assemblies  this  restraint 
is  doubtless  important. 

To  this  natural  order  of  beginning  at  the  beginning,  there  is  a  single 
exception  found  in  Parliamentary  usage.  When  a  bill  is  taken  up  in 
Committee,  or  on  its  second  reading,  they  postpone  the  preamble,  till 
the  other  parts  of  the  bill  are  gone  through.  The  reason  is,  that  on 
consideration  of  the  body  of  the  bill,  such  alterations  may  therein  be 
made  as  may  also  occasion  the  alteration  of  the  preamble.  [  Scob.  50. 
7  Grey,  431.  ] 

When  the  Committee  is  through  the  whole  a  member  moves  that  the 
Committee  may  rise,  and  the  Chairman  report  the  paper  to  the  House, 
with  or  without  amendments,  as  the  case  may  be.  [  2  Hats.  289,  292. 
Scob.  53.  2  Hats.  290.  8  Scob.  50.  ] 

When  a  vote  is  once  passed  in  a  Committee,  it  cannot  be  altered  but 
by  the  House,  their  votes  being  binding  on  themselves.  ^  June  4,  1607. 

The  Committee  may  not  erase,  interline,  or  blot  the  bill  itself,  but 
must,  in  a  paper  by  itself,  set  down  the  amendments,  stating  the  words 
which  are  to  be  inserted  or  omitted,  [  Scob.  50,  ]  and  where,  by  refer- 
ences to  the  page,  line  and  word  of  the  bill.  [  Scob.  50.  ] 


SECTION  XXII. 


REPORT    OF    COMMITTEE. 

THE  Chairman  of  the  Committee,  standing  in  his  place,  informs  the 
House  that  the  Committee,  to  whom  was  referred  such  a  bill,  have, 
according  to  order,  had  the  same  under  consideration,  and  have  directed 


BILL,   RECOMMITMENT. — BILL,   REPORT   TAKEN    UP. 


165 


him  to  report  the  same  "without  any  amendment,  or  with  sundry  amend- 
ments, (as  the  case  may  be)  which  he  is  ready  to  do  when  the  House 
pleases  to  receive  it.  And  he,  or  any  other  may  move  that  it  be  now 
received.  But  the  cry  of  «Now,  now,'  from  the  House,  generally  dis- 
penses with  the  formality  of  a  motion  and  question.  He  then  reads  the 
amendments  with  the  coherence  in  the  bill,  and  opens  the  alterations, 
and  the  reasons  of  the  Committee  for  ••such  amendments  until  he  has 
gone  through  the  whole,  He  then  delivers  it  at  the  Clerk's  table,  where 
the  amendments  reported  are  read  by  the  Clerk,  without  the  coherence, 
whereupon  the  papers  lie  on  the  table  till  the  House,  at  its  convenience, 
shall  take  up  the  report.  [Scob.  52.  Hakew.  148.] 

The  report  being  made,  the  Committee  is  dissolved,  and  can  act  no 
more  without  a  new  power.  [Scob  51.]  But  it  may  be  revived  by  a 
vote,  and  the  same  matter  recommitted  to  them.  [4  Grey,  361.  ] 


SECTION    XXIII. 


BILL,    RECOMMITMENT. 

AFTER  a  bill  has  been  committed  and  reported,  it  ought  not,  in  an 
ordinary  course,  to  be  recommitted.  But  in  cases  of  importance,  and 
for  special  reasons,  it  is  sometimes  recommitted,  and  usually  to  the  same 
Committee.  [Hakew.  151.  ]  If  a  report  be  recommitted  before  agreed 
to  in  the  House,  what  has  passed  in  Committee  is  of  no  validity ;  the 
whole  question  is  again  before  the  Committee,  and  a  new  resolution 
must  be  again  moved,  as  if  nothing  had  passed.  [  3  Hats.  131,  note.  ]* 

A  particular  clause  of  a  bill  may  be  committed  without  the  whole  bill, 
[  3  Hats.  131,  ]  or  80  much  of  a  paper  to  one,  and  so  much  to  another 
Committee. 


SECTION  XXIV. 

BILL,    REPORT    TAKEN    UP. 

WHEN  the  report  of  a  paper,  originating  with  a  Committee,  is  taken  up 
by  the  House,  they  proceed  exactly  as  in  Committee.  Here,  as  in  Com- 
mittee, when  the  paragraphs  have,  on  distinct  questions,  been  agreed 


*  In  the  Senate,  January,  1800,  the  Salvage  Bill  was  recommitted  three  times  after 
the  commitment. 


QUASI-OOMMITTEE  — BILL,    SECOND   READING   IN    THE   HOUSE. 


to  seriatim,*  [5  Grey,  366.  6  Grey,  368.  8  Grey,  47,  104,  360. 
1  Torbuck's  deb.  125.  3  Hats.  348,  ]  no  question  need  be  put  on  the 
whole  report.  [  5  Grey,  381.  ] 

On  taking  up  a  bill  reported  with  amendments,  the  amendments  only 
are  read  by  the  Clerk.  The  Speaker  then  reads  the  first,  and  puts  it  to 
the  question,  and  so  on  till  the  whole  are  adopted  or  rejected,  before 
any  other  amendment  be  admitted,  except  it  be  an  amendment  to  an 
amendment.  [  Elsynge's  Mem.  53.  ]  When  through  the  amendments 
of  the  Committee,  the  Speaker  pauses,  and  gives  time  for  amendments  to 
be  proposed  in  the  House  to  the  body  of  the  bill :  as  he  does  also  if  it 
has  been  reported  without  amendments ;  putting  no  questions  but  on 
amendments  proposed :  and  when  through  the  whole,  he  puts  the  ques- 
tion whether  the  bill  shall  be  read  a  third  time  ? 


SECTION  XXV. 

QUASlf-COMMITTEE. 

The  particular  form  of  Parliamentary  proceeding  in  Committee  of  the 
whole  House  is  the  following :  1.  In  a  Committee  every  member  may 
speak  as  often  as  he  pleases.  2.  The  votes  of  a  Committee  may  be  rejected 
or  altered  when  reported  to  the  House.  3.  A  Committee,  even  of  the  whole, 
cannot  refer  any  matter  to  another  Committee.  4.  In  a  Committee  no 
previous  question  can  be  taken.  The  only  means  to  avoid  an  improper 
discussion  is  to  move  that  the  Committee  rise:  and  if  it  be  apprehended 
that  the  same  discussion  will  be  attempted  on  returning  into  Committee, 
the  House  can  discharge  them,  and  proceed  itself  on  the  business,  keep- 
ing down  the  improper  discussion  by  the  previous  question.  5.  A  Com- 
mittee cannot  punish  a  breach  of  order,  in  the  House,  or  in  the  gallery. 
[  9  Grey,  113.  ]  It  can  only  rise  and  report  it  to  the  House,  who  may 
proceed  to  punish. 


SECTION  XXVI 


BILL,    SECOND    READING    IN    THE     HOUSE. 

IN  Parliament,  after  the  bill  has  been  read  a  second  time,  if,  on  the 
motion  and  question,  it  be  not  committed,  or  if  no  proposition  for  com- 
mitment be  made,  the  Speaker  reads  it  by  paragraphs,  pausing  between 


*  In  resnilar  order. 

t  Just  as  if.    This  means  where  the  whole  assembly  act  just  as  if  in  Committee,  or  a 
Committee  of  the  whole  House. 


BILL,    SECOND   READING   IN   THE    HOUSE. 


167 


each,  but  putting  no  question  but  on  amendments  proposed ;  and  when 
through  the  whole,  he  puts  the  question  whether  it  shall  be  read  a  third 
time  ?  if  it  came  from  the  other  House.  Or,  if  originating  with  them- 
selves, whether  it  shall  be  engrossed  and  read  a  third  time  ?  The 
Speaker  reads  sitting,  but  rises  to  put  questions.  The  Clerk  stands 
while  he  reads. 

The  bill  being  now  as  perfect  as  its  friends  can  make  it,  this  is  the 
proper  stage  for  those  fundamentally  opposed  to  make  their  first  attack. 
All  attempts  at  earlier  periods  are  with  disjointed  efforts;  because 
many  who  do  not  expect  to  be  in  favor  of  the  bill  ultimately,  are  willing 
to  let  it  go  on  to  its  perfect  state,  to  take  time  to  examine  it  themselves, 
and  to  hear  what  can  be  said  for  it ;  knowing  that,  after  all,  they  will 
have  sufficient  opportunities  of  giving  it  their  veto.  Its  two  last  stages 
therefore  are  reserved  for  this,  that  is  to  say,  on  the  question  whether 
it  shall  be  read  a  third  time  ?  And  lastly,  whether  it  shall  pass  ?  The 
first  of  these  is  usually  the  most  interesting  contest ;  because  then  the 
whole  subject  is  new  and  engaging,  and  the  minds  of  the  members 
having  not  yet  been  declared  by  any  trying  vote,  the  issue  is  the  more 
doubtful.  In  this  stage,  therefore,  is  the  main  trial  of  strength  between 
its  friends  and  opponents:  and  it  behooves  every  one  to  make  up  his 
mind  decisively  for  this  question,  or  he  loses  the  main  battle ;  and  acci- 
dent and  management  may,  and  often  do,  prevent  a  successful  rallying 
on  the  next  and  last  question,  whether  it  shall  pass  ? 

When  the  bill  is  engrossed,  the  title  is  to  be  endorsed  on  the  back, 
and  not  within  the  bill.  [  Hakew.  250.  ] 

Where  papers  are  laid  before  the  House,  or  referred  to  a  Committee, 
every  member  has  a  right  to  have  them  once  read  at  the  table,  before 
he  can  be  compelled  to  vote  on  them.  But  it  is  a  great,  though  com- 
mon error,  to  suppose  that  he  has  a  right,  to  ties  quoties,*  to  have  acts, 
journals,  accounts  or  papers  on  the  table  read  independently  of  the  will 
of  the  House.  The  delay  and  interruption  which  this  might  be  made 
to  produce,  evince  the  impossibility  of  the  existence  of  such  a  right. 
There  is  indeed  so  manifest  a  propriety  of  permitting  every  member  to 
have  as  much  information  as  possible  on  every  question  on  which  he  is 
to  vote,  that  when  he  desires  the  reading,  if  it  be  seen  that  it  is  really 
for  information,  and  not  for  delay,  tie  Speaker  directs  it  to  be  read 
without  putting  a  question,  if  no  one  objects.  But  if  objected  to,  a 
question  must  be  put.  [2  Hats.  117,  118.  ] 

It  is  equally  an  error  to  suppose  that  any  member  has  a  right,  without 
a  question  put,  to  lay  a  book  or  paper  on  the  table,  and  have  it  read,  on 
suggesting  that  it  contains  matter  infringing  on  the  privileges  of  the 
House.  [2  Hats.  117,  118.  ] 

For  the  same  reason  a  member  has  not  a  right  to  read  a  paper  in  his 
place,  if  it  be  objected  to,  without  leave  of  the  House.  But  this  rigor 
is  never  exercised,  but  where  there  is  an  intentional  or  gross  abuse  of 
the  time  and  patience  of  the  House. 

A  member  has  not  a  right  even  to  read  his  own  speech,  committed  to 
writing,  without  leave.  This  also  is  to  prevent  an  abuse  of  time ;  and 
therefore  is  not  refused,  but  where  that  is  intended.  [  2  Grey,  227.  ] 

Formerly,  when  papers  were  referred  to  a  Committee,  they  used  to  be 
first  read :  but  of  late,  only  the  titles ;  unless  a  member  insists  they 
shall  be  read,  and  then  nobody  can  oppose  it.  [  2  Hats.  117.  ] 


*  Whenever  this  may  occur. 


Rule  29, 


R«.  123, 
Ho.  Reps, 
page  101. 


Rale  57, 
Ho.  Rep«. 
page  84. 


168 


PRIVILEGED   QUESTIONS. 


Rule  45, 
Ho.  Reps, 
page  79. 

He.  130, 
Ho.  Keps. 
page  102. 


Rule  48, 
Ho.  Reps, 
p.  80. 


Rule  23, 
Ho.  Reps, 
p.  73,  and 
Rule  27,  p. 
74. 


Contrary 
to  House 
Reps.  Re. 
46,  p.  79, 
•wh.  is  con- 
cise and 
definite  on 
all  these 
Bis  points. 


SECTION  XXVII. 


PRIVILEGED    QUESTIONS. 

'•" 

IT  is  no  possession  of  a  bill,  unless  it  be  delivered  to  the  Clerk  to  be 
read,  or  the  Speaker  reads  the  title.  [  Lex.  parl.  274.  Elsynge  mem. 
95.  Ord.  House  of  Commons,  64.  ] 

It  is  a  general  rule  that  the  question  first  moved  and  seconded  shall 
be  first  put.  [  Scob.  22,  28.  2  Hats.  81.  ]  But  this  rule  gives  way 
to  what  may  be  called  privileged  questions ;  and  the  privileged  ques- 
tions are  of  different  grades  among  themselves. 

A  motion  to  adjourn  simply  takes  place  of  all  others ;  for  otherwise 
the  House  might  be  kept  sitting  against  its  will,  a.nd  indefinitely.  Yet 
this  motion  cannot  be  received  after  another  question  is  actually  put, 
and  while  the  House  is  engaged  in  voting. 

Orders  of  the  day  take  place  of  all  other  questions,  except  for  adjourn- 
ment. That  is  to  say,  the  question  which  is  the  subject  of  an  order  is 
made  a  privileged  one,  pro  hac  vice.*  The  order  is  a  repeal  of  the 
general  rule  as  to  this  special  case.  When  any  member  moves,  therefore, 
for  the  orders  of  the  day  to  be  read,  no  further  debate  is  permitted  on 
the  question  which  was  before  the  House ;  for  if  the  debate  might  pro- 
ceed; it  might  continue  through  the  day,  and  defeat  the  order.  This 
motion,  to  entitle  it  to  precedence,  must  be  for  the  orders  generally, 
and  not  for  any  particular  one ;  and  if  it  be  carried  on  the  question, 
'Whether  the  House  will  now  proceed  to  the  orders  of  the  day,'  they 
must  be  read  and  proceeded  on  in  the  course  in  which  they  stand. 
[  2  Hats.  83.  ]  For  priority  of  order  gives  priority  of  right,  which 
cannot  be  taken  away  but  by  another  special  order. 

After  these  there  are  other  privileged  questions  which  will  require 
considerable  explanation. 

It  is  proper  that  every  Parliamentary  assembly  should  have  certain 
forms  of  question  so  adopted,  as  to  enable  them  fitly  to  dispose  of  every 
proposition  which  can  be  made  to  them.  Such  are,  1.  The  previous 
question.  2.  To  postpone  indefinitely.  3.  To  adjourn  a  question  to  a 
definite  day.  4.  To  lie  on  the  table.  5.  To  commit.  £.  To  amend. 
The  proper  occasion  for  each  of  these  questions  should  be  understood. 

1.  When  a  proposition  is  moved,  which  it  is  useless  or  inexpedient 
now  to  express  or  discuss,  the  previous  question  has  been  introduced 
for  suppressing,  for  that  time,  the  motion  and  its  discussion.     [  3  Hats. 
188,  189.  ] 

2.  But  as  the  previous  question  gets  rid  of  it  only  for  that  day,  and  the 
same  proposition  may  recur  the  next  day,  if  they  wish  to  suppress  it  for 
the  whole  of  that  session,  they  postpone  it  indefinitely.     [  3  Hats.  183.  ] 
This  quashes  the  proposition  for  that  session,  as  an  indefinite  adjourn- 
ment is  a  dissolution  or  the  continuance  of  a  suit,  sine  .dief  is  a  discon- 
tinuance of  it. 

3.  When  a  motion  is  made  which  it  will  be  proper  to  act  on,  but  infor- 
mation is  wanted,  or  something  more  pressing  claims  the  present  time, 


*  For  this  time. 


f  Without  naming  any  particular  day. 


PRIVILEGED   QUESTIONS. 


169 


the  question  or  debate  is  adjourned  to  such  day  within  the  session  as 
will  answer  the  views  of  the  House.  [  2  Hats.  81.  ]  And  those  who 
have  spoken  before  may  not  speak  again  when  the  adjourned  debate  is 
resumed.  [  2  Hats.  73.  ]  Sometimes,  however,  this  has  been  abusively 
used  by  adjourning  it  to'  a  day  beyond  the  session,  to  get  rid  of  it 
altogether,  as  would  be  done  by  an  indefinite  postponement. 

4.  When  the  House  has  something  else  which  claims  its  present  atten- 
tion, but  would  be  willing  to  reserve  in  their  power  to  take  up  a  pro- 
position whenever  it  shall  suit  them,  they  order  it  to  lie  on  their  table. 
It  may  then  be  called  for  at  any  time. 

5.  If  the  proposition  will  want  more  amendment  and  digestion,  than 
the  formalities  of  the  House  will  conveniently  admit,  they  refer  it  to  a 
Committee. 

6.  But  if  the  proposition  be  well  digested,  and  may  need  but  few  and 
simple  amendments,  and  especially  if  these  be  of  leading  consequence, 
the  whole  House  may  then  proceed  to  consider  and  amend  it. 

Have  these  questions  any  privilege  among  themselves  ?  Or  are  they 
so  equal  that  the  common  principle  of  the  '  first  moved,  first  put,'  takes 
place  among  them  ?  This  will  need  explanation.  Their  competitions 
may  be  as  follows : 

1.  Previous  question  and  postpone. 

"  "  commit. 

"  "  amend. 

2.  Postpone  and  previous  question. 

"  "       commit. 

"  "       amend. 

3.  Commit  and  previous  question. 

"  "        postpone. 

"  "        amend. 

4.  Amend  and  previous  question. 

"  "        postpone. 

"  "        commit. 

In  the  first  class,  where  the  previous  question  is  first  moved,  the 
effect  is  peculiar.  For  it  not  only  prevents  the  after  motion  to  post- 
pone or  commit  from  being  put  to  question  before  it,  but  also  from 
being  put  after  it.  For  if  the  previous  question  be  decided  affirmatively, 
to  wit,  that  the  main  question  shall  now  be  put,  it  would,  of  course,  be 
against  the  decision  to  postpone  or  commit.  And  if  it  be  decided 
negatively,  to  wit,  that  the  main  question  shall  not  now  be  put,  this 
puts  the  House  out  of  possession  of  the  main  question,  and  conse- 
quently there  is  nothing  before  them  to  postpone  or  commit.  So  that 
neither  voting  for  or  against  the  previous  question,  will  enable  the 
advocates  for  postponing  or  committing  to  get  at  their  object.  Whether 
it  may  be  amended  shall  be  examined  hereafter. 

Second  class.  If  postponement  be  decided  affirmatively,  the  propo- 
sition is  removed  from  before  the  House,  and  consequently  there  is  no 
ground  for  the  previous  question,  commitment,  or  amendment.  But,  if 
decided  negatively,  that  it  shall  not  be  postponed,  the  main  question 
may  then  be  suppressed  by  the  previous  question,  or  may  be  committed, 
or  amended. 

The  third  class  is  subject  to  the  same  observations  as  the  second. 

The  fourth  class.  Amendment  of  the  main  question  first  moved,  and 
afterwards  the  previous  question,  the  question  of  amendment  shall  be 
first  put. 

15 


In  the  first,  second,  and  third 
classes,  and  the  first  member 
of  the  fourth  class,  the  rule 
'first  moved  first  put'  takes 
place. 


170 


PRIVILEGED    QUESTIONS. 


Amendment  and  postponement  competing,  postponement  is  first  put, 
as  the  equivalent  proposition  to  adjourn  the  main  question  would  be  in 
Parliament.  The  reason  is,  that  the  question  for  amendment  is  not  sup- 
pressed by  postponing  or  adjourning  the  main  question,  but  remains 
before  the  House  whenever  the  main  question  is  resumed ;  and  it  might 
be  that  the  occasion  for  other  urgent  business  might  go  by,  and  be  lost 
by  length  of  debate  on  the  amendment,  if  the  House  had  it  not  in  their 
power  to  postpone  the  whole  subject. 

Amendment  and  commitment.  The  question  for  committing,  though 
last  moved,  shall  be  first  put :  because  in  truth  it  facilitates  and  befriends 
the  motion  to  amend.  Scobell  is  express.  '  On  a  motion  to  amend  a 
bill,  any  one  may,  notwithstanding,  move  to  commit  it,  and  the  question 
for  commitment  shall  be  first  put.'  [  Scob.  46.  ] 

We  have  hitherto  considered  the  case  of  two  or  more  of  the  privileged 
questions  contending  for  privilege  between  themselves,  when  both  were 
moved  on  the  original  or  main  question ;  but  now  let  us  suppose  one  of 
them  to  be  moved,  not  on  the  original  primary  question,  but  on  the 
secondary  one  for  example. 

Suppose  a  motion  to  postpone,  commit  or  amend  the  main  question, 
and  that  it  be  moved  to  suppress  that  motion  by  putting  a  previous 
question  on  it.  This  is  not  allowed :  because  it  would  embarrass  ques- 
tions too  much  to  allow  them  to  be  piled  on  one  another  several  stories 
high  ;  and  the  same  result  may  be  had  in  a  more  simple  way,  by  deciding 
against  the  postponement,  commitment  or  amendment.  [  2  Hats.  81, 
2,  3,  4.] 

Suppose  a  motion  for  the  previous  question,  or  commitment,  or  amend- 
ment, of  the  main  question,  and  that  it  be  then  moved  to  postpone  the 
motion  for  the  previous  question,  or  for  commitment  or  amendment  of 
the  main  question.  1.  It  would  be  absurd  to  postpone  the  previous 
question,  commitment  or  amendment  alone,  and  thus  separate  the 
appendage  from  its  principal.  Yet  it  must  be  postponed  separately 
from  its  original,  if  at  all :  because  when  a  main  question  is  before 
the  House  no  motion  shall  be  received  but  to  commit,  amend  or  pre- 
question  the  original  question.  Therefore  the  motion  to  postpone  the 
secondary  motion  for  the  previous  question  or  for  committing  or  amend- 
ing, cannot  be  received.  2.  This  is  a  piling  of  questions  one  on  another, 
which,  to  avoid  embarrassment,  is  not  allowed.  3.  The  same  result 
may  be  had  more  simply  by  voting  against  the  previous  question,  com- 
mitment or  amendment. 

Suppose  a  commitment  moved  of  a  motion  for  the  previous  question, 
or  to  postpone  or  amend.  The  first,  second  and  third  reasons  before 
stated  all  hold  good  against  this. 

Suppose  an  amendment  moved  to  a  motion  for  the  previous 
question.  Answer.  The  previous  question  cannot  be  amended. 
Parliamentary  usage  fixes  its  forms  to  be,  Shall  the  main  ques- 
tion be  now  put?  i.  e.,  at  this  instant.  And  as  the  present  instant 
is  but  one,  it  can  admit  of  no  modification.  To  change  it  to  to- 
morrow, or  any  other  moment,  is  without  example,  and  without 
utility.  But  suppose  a  motion  to  amend  a  motion  for  postponement ; 
as  to  one  day  instead  of  another,  or  to  a  special,  instead  of  indefinite 
time.  The  useful  character  of  amendment  gives  it  a  privilege  of  attach- 
ing itself  to  a  secondary  and  priviledged  motion.  That  is,  we  may 
amend  a  postponement  of  a  main  question.  So  we  may  amend  a  com- 
mitment of  a  main  question,  as  by  adding,  for  example,  '  with  instruc- 


PRIVILEGED   QUE!?TIONS. 


171 


tions  to  inquire,  &c.'  In  like  manner,  if  an  amendment  be  moved  to 
an  amendment,  it  is  admitted.  But  it  would  not  be  admitted  in  another 
degree,  to  wit :  to  amend  an  amendment  to  an  amendment  of  a  main 
question.  This  would  lead  to  too  much  embarrassment.  The  line  must 
be  drawn  somewhere,  and  usage  has  drawn  it  after  the  amendment  to 
the  amendment.  The  same  result  must  be  sought  by  deciding  against 
the  amendment  to  the  amendment,  and  then  moving  it  again  as  it  was 
wished  to  be  amended.  In  this  form  it  becomes  only  an  amendment  to 
an  amendment. 

In  filling  a  blank  with  a  sum,  the  motion  must  be  first  put  on  the 
smallest  sum  and  longest  time.  [  5  Grey,  179.  2  Hats.  81,  83. 
3  Hats.  132,  133.  ]  And  this  is  considered  to  be,  not  in  the  form 
of  an  amendment  to  the  question,  but  as  alternative  or  succes- 
sive originals.  In  all  cases  of  time  or  number,  we  must  consider 
whether  the  larger  comprehends  the  lesser,  as  in  a  question  to  what 
day  a  postponement  shall  be,  the  number  of  a  Committee,  amount 
of  a  fine,  term  of  an  imprisonment,  the  terminus  in  quern,*  or  in 
any  other  case.  Then  the  question  must  begin  a  maximo.j-  Or 
whether  the  lesser  concludes  the  greater,  as  in  questions  on  the  limita- 
tion of  the  rate  of  interest,  on  what  day  the  session  shall  be  closed  by 
adjournment,  on  what  day  the  next  shall  commence,  or  the  teminus 
a  quo!  "*  anv  other  case,  where  the  question  must  begin  a  minimo.  § 
The  object  being  not  to  begin  at  that  extreme,  which,  and  more,  being 
within  every  man's  wish,  no  one  could  negative  it,  and  yet,  if  he  should 
vote  in  the  affirmative,  every  question  for  more  would  be  precluded ; 
but  at  that  extreme  which  would  unite  few,  and  then  to  advance  or 
recede  till  you  get  to  a  number  which  will  unite  a  bare  majority.  [  3 
Grey,  376,  384,  385.  ]  '  The  fair  question  in  this  case  is  not  that  to 
which  and  more  all  will  agree,  but  whether  there  shall  be  addition  to 
the  question.'  [  1  Grey,  3oo.  ] 

Another  exception  to  the  rule  of  priority  is  when  a  motion  has  been 
made  to  strike  out,  or  agree  to  a  paragraph.  Motions  to  amend  it  are 
to  be  put  to  the  question  before  a  vote  is  taken  on  striking  out,  or 
agreeing  to  the  whole  paragraph. 

But  there  are  several  questions,  which  being  incidental  to  every  one, 
will  take  place  of  every  one,  privileged  or  not,  to  wit :  a  question  of 
order  arising  out  of  any  other  question,  must  be  decided  before  that 
question.  [  2  Hats.  88.  ] 

A  matter  of  privilege  arising  out  of  any  question,  or  from  a  quarrel 
between  two  members,  or  any  other  cause,  supersedes  the  consideration 
of  the  original  question,  and  must  be  first  disposed  of.  [  2  Hats.  88.  ] 

Reading  papers  relative  to  the  question  before  the  House.  This 
question  must  be  put  before  the  principal  one.  [  2  Hats.  88.  ] 

Leave  asked  to  withdraw  a  motion.  The  rule  of  parliament  being 
that  a  motion  made  and  seconded  is  in  possession  of  the  House,  and 
cannot  be  withdrawn  without  leave,  the  very  terms  of  the  rule  imply 
that  leave  may  be  given,  and  consequently  may  be  asked  and  put  to  the 
question. 


*  Term  of  irretIa?rna.biUiy  ol'a  loan. 
t  From  tne  •"•'•ut.-.'i- 


172 


THE  PREVIOUS   QUESTION. 


SECTION  XXVIII. 


THE    PKEVIOUS    QUESTION. 

WHEN  any  question  is  before  the  House,  any  member  may  move  a 
previous  question,  '  Whether  that  question  (called  the  main  question) 
shall  now  be  put?'  If  it  pass  in  the  affirmative,  then  the  main  ques- 
tion is  to  be  put  immediately,  and  no  man  may  speak  any  thing  further 
to  it,  either  to  add  or  alter.  [Memor.  in  Hakew.  28.  4  Grey,  27.] 

This  kind  of  question  is  understood  by  Mr.  Hatsell  to  have  been 
introduced  in  1604.  [2  Hats.  80.]  Sir  Henry  Vane  introduced  it. 
[2  Grey,  113,  114.  3  Grey,  384.]  When  the  question  was  put  in  this 
form,  '  Shall  the  main  question  be  put  ?'  A  determination  in  the  nega- 
tive suppressed  the  main  question  during  the  session ;  but  since  the 
words  'now  put'  are  used,  they  exclude  it  for  the  present  only.  For- 
merly, indeed,  only  till  the  present  debate  was  over,  [4  Grey,  43,]  but 
now  for  that  day  and  no  longer.  [2  Grey,  113,  114.] 

Before  the  question,  'whether  the  main  question  shall  now  be  put?' 
any  person  might  formerly  have  spoken  to  the  main  question,  because 
otherwise  he  would  be  precluded  from  speaking  to  it  at  all.  [Mem.  in 
Hakew.  28.] 

The  proper  occasion  for  the  previous  question,  is  when  a  subject  is 
brought  forward  of  a  delicate  nature  as  to  high  personages,  &c.,  or  the 
discussion  of  which  may  call  forth  observations  which  might  be  of 
injurious  consequences.  Then  the  previous  question  is  proposed:  and, 
in  the  modern  usage,  the  discussion  of  the  main  question  is  suspended, 
and  the  debate  confined  to  the  previous  question.  The  use  of  it  has 
been  extended  abusively  to  other  cases :  but  in  these  it  is  an  embar- 
rassing procedure :  its  uses  would  be  as  well  answered  by  other  more 
simple  parliamentary  forms,  and  therefore  it  should  not  be  favored, 
but  restricted  within  as  narrow  limits  as  possible. 

Whether  a  main  question  may  be  amended,  after  the  previous  ques- 
tion on  it  ha#  been  moved  and  seconded  ?  2  Hats.  88,  says,  if  the  pre- 
vious question  has  been  moved  and  seconded,  and  also  proposed  from 
the  chair  (by  which  he  means  stated  by  the  Speaker  for  debate),  it  has 
been  doubted  whether  an  amendment  can  be  admitted  to  the  main 
question  ?  He  thinks  it  may,  after  the  previous  question  moved  and 
seconded,  but  not  after  it  has  been  proposed  from  the  chair.  In  this 
case  he  thinks  the  friends  to  the  amendment  must  vote  that  the  main 
question  be  not  now  put ;  and  then  move  their  amended  question, 
which,  being  made  new  by  the  amendment,  is  no  longer  the  same  which 
has  been  just  suppressed,  and  therefore  may  be  proposed  as  a  new  one. 
But  this  proceeding  certainly  endangers  the  main  question,  by  dividing 
its  friends,  some  of  whom  may  choose  it  unamended,  rather  than  lose  it 
altogether :  while  others  of  them  may  vote,  as  Hatsell  advises,  that  the 
main  question  be  not  now  put,  with  a  view  to  move  it  again  in  an 
amended  form.  The  enemies  to  the  main  question,  by  this  manoeuvre 
of  the  previous  question,  get  the  enemies  to  the  amendment  added 
to  them  on  the  first  vote,  and  throw  the  friends  of  the  main  question 
under  the  embarrassment  of  rallying  again  as  they  can.  To  support 
his  opinion,  too,  he  makes  the  deciding  circumstance,  whether  an 


AMENDMENTS. 


173 


amendment  may  or  may  not  be  made,  to  be  that  the  previous  question 
has  been  proposed  from  the  chair.  But  as  the  rule  is,  that  the  house  is 
in  possession  of  a  question  as  soon  as  it  is  moved  and  seconded,  it  can- 
not be  more  than  possessed  of  it  by  its  being  also  proposed  from  the 
chair.  It  may  be  said,  indeed,  that  the  object  of  the  previous  question, 
being  to  get  rid  of  a  question,  which  it  is  not  expedient  should  be  dis- 
cussed, this  object  may  be  defeated  by  moving  to  amend,  and,  in  the 
discussion  of  that  motion,  involving  the  subject  of  the  main  question. 
But  so  may  the  object  of  the  previous  question  be  defeated  by  moving 
the  amended  question,  as  Mr.  Hatsell  proposes,  after  the  decision 
against  putting  the  original  question.  He  acknowledges,  too,  that  the 
practice  has  been  to  admit  a  previous  amendment,  and  only  cites  a  few 
late  instances  to  the  contrary.  On  the  whole,  I  should  think  it  best  to 
decide  it  ab  inconvenient!,*  to  put  it  in  the  power  of  one  side  of  the 
House  to  defeat  a  proposition  by  hastily  moving  the  previous  question, 
and  thus  forcing  the  main  question  to  be  put  unamended ;  or  to  put  in 
the  power  of  the  other  side  to  force  on,  incidentally  at  least,  a  discus- 
sion which  would  be  better  avoided?  Perhaps  the  last  is  the  least 
inconvenience ;  inasmuch  as  the  Speaker,  by  confining  the  discussion 
rigorously  to  the  amendment  only,  may  prevent  their  going  into  the 
main  question,  and  inasmuch  also  as  so  great  a  proportion  of  the  cases 
in  which  the  previous  question  is  called  for,  are  fair  and  proper  sub- 
jects of  public  discussion,  and  ought  not  to  be  obstructed  by  a  formality 
introduced  for  questions  of  a  peculiar  character. 


SECTION  XXIX 


AMENDMENTS. 


On  an  amendment  being  moved,  a  member  who  has  spoken  10  the 
main  question  may  speak  again  to  the  amendment.  [  Scob.  23.  ] 

If  an  amendment  be  proposed  inconsistent  with  one  already  agreed 
to,  it  is  a  fit  ground  for  its  rejection  by  the  House ;  but  not  within  the 
competence  of  the  Speaker  to  suppress  as  if  it  were  against  order.  For 
were  he  permitted  to  draw  questions  of  consistence  within  the  vortex 
of  order,  he  might  usurp  a  negative  on  important  modifications,  and 
suppress,  instead  of  subserving,  the  legislative  will. 

Amendments  may  be  made  so  as  totally  to  alter  the  nature  of  the 
proposition ;  and  it  is  a  way  of  getting  rid  of  a  proposition,  by  making 
it  bear  a  sense  different  from  what  was  intended  by  the  movers,  so  that 
they  vote  against  it  themselves.  [2  Hats.  79,  4,  82.  84.  ]  A  new  bill 
may  be  ingrafted  by  way  of  amendment  on  the  words  'Be  it  enacted,' 
&c.  [  1  Grey,  190,  192.  ] 

If  it  be  proposed  to  amend  by  leaving  out  certain  words,  it  may  be 


*  Which  is  most  inconvenient. 


15* 


174 


AMENDMENTS. 


moved  as  an  amendment  to  this  amendment  to  leave  out  a  part  of  the 
words  of  the  amendment,  which  is  equivalent  to  leaving  them  in  the 
bill.  [  2  Hats.  80,  9.  ]  The  Parliamentary  question  is  always  whether 
the  words  shall  stand  as  a  part  of  the  bill  ? 

When  it  is  proposed  to  amend  by  inserting  a  paragraph,  or  part  of 
one,  the  friends  of  the  paragraph  may  make  it  as  perfect  as  they  can 
by  amendments,  before  the  question  is  put  for  inserting  it.  If  it  be 
received,  it  cannot  be  amended  afterwards,  in  the  same  stage ;  because 
the  House,  has  on  a  vote,  agreed  to  it  in  that  form.  In  like  manner  if 
it  is  proposed  to  amend  by  striking  out  a  paragraph,  the  friends  of  the 
paragraph  are  first  to  make  it  as  perfect  as  they  can  by  amendments, 
before  the  question  is  put  for  striking  it  out.  If  on  the  question  it  be 
retained,  it  cannot  be  amended  afterwards :  because  a  vote  against 
striking  out  is  equivalent  to  a  vote  agreeing  to  it  in  that  form. 

When  it  is  moved  to  amend,  by  striking  out  certain  words,  and  in- 
serting others,  the  manner  of  stating  the  question  is,  first  to  read  the 
whole  passage  to  be  amended  as  it  stands  at  present,  then  the  words 
proposed  to  be  struck  out,  next  those  to  be  inserted,  and  lastly  the 
whole  passage  as  it  will  be  when  amended.  And  the  question,  if 
desired,  is  then  to  be  divided,  and  put  first  on  striking  out.  If  carried, 
it  is  next  on  inserting  the  words  proposed.  If  that  be  lost,  it  may  be 
moved  to  insert  others.  [  2  Hats.  80,  7.  ] 

A  motion  is  made  to  amend  by  striking  out  certain  words,  and 
inserting  others  in  their  place,  which  is  negatived.  Then  it  is  moved 
to  strike  out  the  same  words,  and  to  insert  others  of  a  tenor  entirely 
different  from  those  first  proposed.  It  is  negatived.  Then  it  is  moved 
to  strike  out  the  same  words  and  insert  nothing,  which  is  agreed  to. 
All  this  is  admissible ;  because  to  strike  out  and  insert  A,  is  one  pro- 
position. To  strike  out  and  insert  B,  is  a  different  proposition.  And 
to  strike  out  and  insert  nothing,  is  still  different.  And  the  rejection  of 
one  proposition  does  not  preclude  the  offering  a  different  one.  Nor 
would  it  change  the  case  were  the  first  motion  divided  by  putting  the 
question  first  on  striking  out,  and  that  negatived.  For  as  putting  the 
whole  motion  to  the  question  at  once,  would  not  have  precluded,  the 
putting  the  half  of  it  cannot  do  it.* 

But  if  it  had  been  carried  affirmatively  to  strike  out  the  words  and 
to  insert  A,  it  could  not  afterwards  be  permitted  to  strike  out  A,  and 
insert  B.  The  mover  of  B  should  have  notified,  while  the  insertion  of 
A  was  under  debate,  that  he  would  move  to  insert  B.  In  which  case 
those  who  preferred  it  would  join  in  rejecting  A. 

After  A  is  inserted,  however,  it  may  be  moved  to  strike  out  a  portion 
of  the  original  paragraph,  comprehending  A,  provided  the  coherence  to 
be  struck  out  be  so  substantial  as  to  make  this  effectively  a  different 
proposition.  For  then  it  is  resolved  into  the  common  case  of  striking 
out  a  paragraph  after  amending  it.  Nor  does  any  thing  forbid  a  new 
insertion  instead  of  A  and  its  coherence.  •}• 


*  In  the  case  of  a  division  of  the  question,  and  a  decision  against  striking  out,  I  ad- 
vance doubtingly  the  opinion  here  expressed.  I  find  no  authority  either  way ;  and  I 
know  it  may  be  viewed  under  a  different  aspect.  It  may  be  thought,  that  having 
decided  separately  not  to  strike  out  the  passage,  the  same  question  for  striking  out 
cannot  be  put  over  again,  though  with  a  view  to  a  different  insertion.  Still  I  think  it 
more  reasonable  and  convenient  to  consider  the  striking  out,  and  insertion,  as  forming 
one  proposition ;  but  should  readily  yield  to  any  evidence  that  the  contrary  is  the  prac- 
tice in  parliament. 

f  In  Senate,  January  25,  1798,  a  motion  to  postpone  until  the  second  Tuesday  in  Feb- 
ruary some  amendments  proposed  to  the  Constitution.  The  words  '  until  the  second 


DIVISION    OF   THE   QUESTION. 


175 


A  bill  passed  by  the  one  House  with  blanks.  These  may  be  filled  up 
by  the  other  by  way  of  amendments,  returned  to  the  first  as  such  and 
passed.  [  3  Hats.  83.  ] 

The  number  prefixed  to  the  section  of  a  bill,  being  merely  a  marginal 
indication,  and  no  part  of  the  text  of  the  bill,  the  Clerk  regulates  that, 
the  House  or  Committee  is  only  to  amend  the  text. 


SECTION    XXX. 


DIVISION    OF     THE    QUESTION. 

IF  a  question  contain  more  parts  than  one,  it  may  be  divided  into  two 
or  more  questions.  [  Mem.  in  Hakew.  29.  ]  But  not  as  the  right  of 
an  individual  member,  but  with  the  consent  of  the  House.  For  who  is 
to  decide  whether  a  question  is  complicated  or  not  ?  where  it  is  com- 
plicated ?  into  how  many  propositions  it  may  be  divided  ?  The  fact  is, 
that  the  only  mode  of  separating  a  complicated  question  is,  by  moving 
amendments  to  it ;  and  these  must  be  decided  by  the  House  on  a  ques- 
tion, unless  the  House  orders  it  to  be  divided,  as  on  the  question  Dec. 
2,  1640,  making  void  the  election  of  the  Knights  for  Worcester,  on  a 
motion,  it  was  resolved  to  make  two  questions  of  it,  to  wit :  one  on  each 
knight.  [  2  Hats.  85,  86.  ]  So  wherever  there  are  several  names  in  a 
question,  they  may  be  divided  and  put  one  by  one.  [  9  Grey,  444.  ] 
So  1729,  April  17,  on  an  objection  that  a  question  was  complicated,  it 
was  separated  by  amendment.  [  2  Hats.  79,  5.  ] 

1798,  May  30,  the  Alien  Bill  in  Quasi-Committee.     To  a  section  and 


Tuesday  in  February'  were  struck  out  by  way  of  amendment.  Then  it  was  moved  to 
add  '  until  the  first  day  of  June.'  Objected  that  it  was  not  in  order,  as  the  question 
should  be  first  put  on  the  longest  time ;  therefore  after  a  shorter  time  decided  against,  a 
longer  cannot  be  put  to  question.  It  was  answered  that  this  rule  takes  place  only  in 
filling  blanks  for  time.  But  when  a  specific  time  stands  part  of  a  motion,  that  may  be 
struck  out  as  well  as  any  other  part  of  the  motion ;  and  when  struck  out,  a  motion  may 
bo  received  to  insert  any  other.  In  fact,  it  is  not  till  they  are  struck  out,  and  a  blank 
fof  the  time  thereby  produced,  that  the  rule  can  begin  to  operate,  by  receiving  all  the 
propositions  for  different  times,  and  putting  the  questions  successively  on  the  longest. 
Otherwise  it  would  be  in  the  power  of  the  mover,  by  inserting  originally  a  short  time, 
to  preclude  the  possibility  of  a  longer.  For  till  the  short  time  is  struck  out,  you  cannot 
insert  a  longer ;  and  if,  after  it  is  struck  out,  you  cannot  do  it,  then  it  cannot  be  done 
at  all.  Suppose  the  first  motion  had  been  to  amend  by  striking  out '  the  second  Tuesday 
of  February,'  and  inserting  instead  thereof  '  the  first  of  June.'  It  would  have  been 
regular  then  to  divide  the  question,  by  proposing  first  the  question  to  strike  out,  and 
then  that  to  insert.  Now  this  is  precisely  the  effect  of  the  present  proceeding;  only 
instead  of  one  motion  and  two  questions,  there  are  two  motions  and  two  questions  to 
effect  it;  the  motion  being  divided  as  well  as  the  question. 

When  the  matter  contained  in  two  bills  might  be  better  put  into  one,  the  manner  is 
to  reject  the  one,  and  incorporate  its  matter  into  another  biil  by  way  of  amendment.  So 
if  the  matter  of  one  bill  would  be  better  distributed  into  two,  any  part  may  bo  struck 
out  by  way  of  amendment,  and  put  into  a  new  bill.  If  a  section  is  to  be  transposed,  a 
question  must  be  put  on  striking  it  out  where  it  stands,  and  another  fur  inserting  it  in 
the  place  desired. 


CO-EXISTING   QUESTIONS. 


proviso  in  the  original,  had  been  added  two  new  provisoes  by  way  of 
amendment.  On  a  motion  to  strike  out  the  section  as  amended,  the 
question  was  desired  to  be  divided.  To  do  this  it  must  be  put  first  on 
striking  out  either  the  former  proviso,  or  some  distinct  member  of  the 
section.  But  when  nothing  remains  but  the  last  member  of  the  section, 
and  the  provisoes,  they  cannot  be  divided  so  as  to  put  the  last  member 
to  question  by  itself;  for  the  provisoes  might  thus  be  left  standing 
alone  as  exceptions  to  a  rule  when  the  rule  is*  taken  away ;  or  the  new 
provisoes  might  be  left  to  a  second  question,  after  having  been  decided 
on  once  before  at  the  same  reading ;  which  is  contrary  to  rule.  But 
the  question  must  be  on  striking  out  the  last  member  of  the  section  as 
amended.  This  sweeps  away  the  exceptions  with  the  rule,  and  relieves 
from  inconsistence.  A  question  to  be  divisible,  must  comprehend  points 
so  distinct  and  entire,  that  one  of  them  being  taken  away,  the  other 
may  stand  entire.  But  a  proviso  or  exception,  without  an  enacting 
clause,  does  not  contain  an  entire  point  or  proposition.* 


SECTION    XXXI. 


CO-EXISTING     QUESTIONS 

IT  may  be  asked  whether  the  House  can  be  in  possession  ol  two  mo- 
tions or  propositions  at  the  same  time  ?  So  that  one  of  them  being 
decided,  the  other  goes  to  question  without  being  moved  anew  ?  The 
answer  must  be  special.  When  a  question  is  interrupted  by  a  vote  of 
adjournment,  it  is  thereby  removed  from  before  the  House,  and  does 
not  stand  ipso  factof  before  them  at  their  next  meeting :  but  must  come 
forward  in  the  usual  way.  So  when  it  is  interrupted  by  the  order  of 
the  day.  Such  other  privileged  questions  also  as  dispose  of  the  main 
question  (e.  g.  the  previous  question,  postponement  or  commitment,) 
remove  it  from  before  the  House.  But  it  is  only  suspended  by  a  mo- 


*  May  31.  The  same  bill  being  before  the  Senate.  There  was  a  proviso  that  the  bill 
should  not  extend.  1.  To  any  foreign  minister;  nor  2.  to  any  person  to  whom  the 
President  should  give  a  passport;  nor  3.  to  any  alien  merchant  conforming  himself  _to 
such  regulations  as  the  President  shall  prescribe,  and  a  division  of  the  question  into  its 
simplest  elements  was  called  for.  It  was  divided  into  four  parts,  the  fourth  taking  in 
the  words  '  conforming  himself,'  &c.  It  was  objected  that  the  words  '  any  alien  mer- 
chant' could  not  be  separated  from  their  modifying  words  '  conforming,'  <fec.,  because 
these  words,  if  left  by  themselves,  contain  no  substantive  idea,  will  make  no  sense. 


modifying  words  will  then  attach  themselves  to  the  preceding  description  of  persons, 
and  become  a  modification  of  that  description. 

When  a  question  is  divided,  after  the  question  on  the  first  member,  the  second  is 
open  to  debate  and  amendment :  because  it  is  a  known  rule,  that  a  person  may  rise  and 
speak  at  any  time  before  the  question  has  been  completely  decided,  by  putting  the  nega- 
tive as  well  as  affirmative  side.  But  the  question  is  not  completely  put  when  the  vote 
has  been  taken  on  the  first  member  only.  One-half  of  the  question,  both  affirmative 
and  negative,  remains  still  to  be  put.  [See  Execut.  Journ.  June  25, 1795.]  The  same 
decision  by  Ex-President  John  Adams. 

i-  By  that  fact. 


EQUIVALENT   QUESTIONS. 


177 


tion  to  amend,  to  withdraw,  to  read  papers,  or  by  a  question  of  order 
or  privilege,  and  stands  again  before  the  House  when  these  are  decided. 
None  but  the  class  of  privileged  questions  can  be  brought  forward  while 
there  is  another  question  before  the  House,  the  rule  being,  that  when  a 
motion  has  been  made  and  seconded,  no  other  can  be  received,  except 
it  be  a  privileged  one. 


SECTION  XXXII. 


EQUIVALENT     QUESTIONS. 

IP,  on  a  question  for  rejection,  a  bill  be  retained,  it  passes  of  course 
to  its  next  reading.  [  Hakew.  141.  Scob.  42.  ]  And  a  question  for  a 
second  reading,  determined  negatively,  is  a  rejection  without  farther 
question.  [  4  Grey,  149.  And  see  Elsynge's  memor.  42,  ]  in  what 
cases  questions  are  to  be  taken  for  rejection. 

Where  questions  are  perfectly  equivalent,  so  that  the  negative  of  the 
one  amounts  to  the  affirmative  of  the  other,  and  leaves  no  other  alter- 
native, the  decision  of  the  one  concludes  necessarily  the  other.  [4 
Grey,  157.  ]  Thus  the  negative  of  striking  out  amounts  to  the  affirma- 
tive of  agreeing ;  and  therefore  to  put  a  question  on  agreeing  after  that 
on  striking  out,  would  be  to  put  the  same  question  in  effect  twice  over. 
Not  so  in  questions  of  amendments  between  the  two  Houses.  A  motion 
to  recede  being  negatived,  does  not  amount  to  a  positive  vote  to  insist, 
because  there  is  another  alternative,  to  wit,  to  adhere. 

A  bill  originating  in  one  House,  is  passed  by  the  other  with  an 
amendment.  A  motion  in  the  originating  House  to  agree  to  the  amend- 
ment is  negatived.  Does  there  result  from  this  a  vote  of  disagreement, 
or  must  the  question  on  disagreement  be  expressly  voted  ?  The  ques- 
tions respecting  amendments  from  another  House  are :  1st,  to  agree ; 
2d,  disagree ;  3d,  recede  ;  4th,  insist ;  5th,  adhere. 

1st.  To  agree,      \     Either  of  these  concludes  the  other  necessarily, 

2d.  To  disagree.  /  for  the  positive  of  either  is  exactly  the  equivalent 
of  the  negative  of  the  other,  and  no  other  alternative  remains.  On 
either  motion  amendments  to  the  amendment  may  be  proposed,  e.  g.  if 
it  be  moved  to  disagree,  those  who  are  for  the  amendment  have  a  right 
to  propose  amendments,  and  to.make  it  as  perfect  as  tUey  can,  before 
the  question  of  disagreeing  is  put. 

3d.     To  recede.     You  may  then  either  insist  or  adhere. 

4th.  To  insist.       You  may  then  either  recede  or  adhere. 

5th.  To  adhere.     You  may  then  either  recede  or  insist. 

Consequently  the  negative  of  these  is  not  equivalent  to  a  positive 
vote  the  other  way.  It  does  not  raise  so  necessary  an  implication  as 
may  authorize  the  Secretary  by  inference  to  enter  another  vote :  for  two 
alternatives  still  remain,  either  of  which  may  be  adopted  by  the  House. 

M  ================ 


178 


THE    QUESTION. BILLS,    THIRD   READING. 


SECTION    XXXIII. 


THE    QUESTION. 

THE  question  is  to  be  put  first  on  the  affirmative,  and  then  on  the 
negative  side. 

After  the  Speaker  has  put  the  affirmative  part  of  the  question,  any 
member  who  has  not  spoken  before  to  the  question,  may  rise  and  speak 
before  the  negative  be  put.  Because  it  is  no  full  question  till  the  nega- 
tive part  be  put.  [  Scob.  23.  2  Hats.  73.  ] 

But  in  small  matters,  and  which  are  of  course  such  as  receiving  pe- 
titions, reports,  withdrawing  motions,  reading  papers,  &c.,  the  Speaker 
most  commonly  supposes  the  consent  of  the  House,  where  no  objection 
is  expressed,  and  does  not  give  them  the  trouble  of  putting  the  question 
formally.  [  Scob.  22.  2  Hats.  79,  2,  87.  5  Grey,  129.  9  Grey,  301.] 


SECTION    XXXIV. 


BILLS,     THIRD    READING. 

To  prevent  bills  being  passed  by  surprise,  the  House,  by  a  standing 
order,  directs  that  they  shall  not  be  put  on  their  passage  before  a  fixed 
hour ;  naming  one  at  which  the  house  is  commonly  full.  [Hakew.  153,] 

A  bill  reported,  and  passed  to  the  third  reading,  cannot  on  that  day 
be  read  the  third  time  and  passed ;  because  this  would  be  to  pass  on 
two  readings  in  the  same  day. 

At  the  third  reading,  the  Clerk  reads  the  bill,  and  delivers  it  to  the 
Speaker,  who  states  the  title ;  that  it  is  the  third  time  of  reading  the 
bill ;  and  that  the  question  will  be,  whether  it  shall  pass.  Formerly, 
the  Speaker,  or  those  who  prepared  a  bill,  prepared  also  a  breviate,  or 
summary  statement  of  its  contents,  which  the  Speaker  read  when  he 
declared  the  state  of  the  bill  at  the  several  readings.  Sometiross, 
however,  he  read  the  bill  itself,  especially  on  its  passage.  [Hakew. 
136,  137,  153.  Coke,  22,  115.] 

Latterly,  instead  of  this,  he,  at  the  third  reading,  states  the  whole 
contents  of  the  bill  verbatim  ;  only,  instead  of  reading  the  formal  parts, 
'Be  it  enacted,'  &c.,  he  states,  that  'the  preamble  recites  so  and  so; 
the  first  section  enacts  that,'  &c.  '  the  second  section  enacts,'  &c. 

A  bill  on  the  third  reading  is  not  to  be  committed  for  the  matter  or 
body  thereof;  but  to  receive  some  particular  clause  or  proviso,  it  hath 
been  sometimes  suffered,  but  as  a  thing  very  unusual.  [Hakew.  150."] 
Thus  [27  El.  1584]  a  bill  was  committed  on  the  third  reading,  having 
been  formerly  committed  on  the  second ;  but  is  declared  not  xisual. 
[D'Ewes,  337,  col.  2,  414,  col.  2.] 


DIVISION  OF  THE  HOUSE. 


179 


When  an  essential  provision  has  been  omitted,  rather  than  erase  the 
bill,  and  render  it  suspicious,  they  add  a  clause  on  a  separate  paper, 
engrossed,  and  culled  a  Rider,  which  is  read  and  put  to  the  question 
three  times.  [Elsynge's  Memorials,  59.  6  Grey,  335.  1  Blackst.  183.] 
For  examples  of  Kiders,  [see  3  Hats.  121,  122,  124,  126.  ]  Every  one 
is  at  liberty  to  bring  in  a  Rider,  without  asking  leave.  [10  Grey,  52.] 

It  is  laid  down,  as  a  general  rule,  that  amendments  proposed  at  the 
second  reading  shall  be  twice  read ;  and  those  proposed  at  the  third 
reading,  thrice  read ;  as  also  all  amendments  from  the  other  House. 
[Town.  col.  19,  23,  24,  25,  26,  27,  28.] 

It  is  with  great,  and  almost  invincible  reluctance,  that  amendments 
are  admitted  at  this  reading,  which  occasion  erasures  or  interlineations. 
Sometimes  a  proviso  has  been  cut  off  from  a  bill ;  sometimes  erased. 
[9  Grey,  513.] 

This  is  the  proper  stage  for  filling  up  blanks ;  for,  if  filled  up  before, 
and  now  altered  by  erasure,  it  would  be  peculiarly  unsafe. 

At  this  reading  the  bill  is  debated  afresh,  and,  for  the  most  part,  is 
more  spoken  to  at  this  time  than  on  any  of  the  former  readings. 
[Hakew.  153.] 

The  debate  on  the  question,  whether  it  should  be  read  a  third  time, 
has  discovered  to  its  friends  and  opponents  the  arguments  on  which 
each  side  relies,  and  which  of  these  appear  to  have  influence  with  the 
House;  they  have  had  time  to  meet  them  with  new  arguments,  and  to 
put  their  old  ones  into  new  shapes.  The  former  vote  has  tried  the 
strength  of  the  first  opinion,  and  furnished  grounds  to  estimate  the 
issue ;  and  the  question  now  offered  for  its  passage,  is  the  last  occasion 
which  is  ever  to  be  offered  for  carrying  or  rejecting  it. 

When  the  debate  is  ended,  the  Speaker,  holding  the  bill  in  his  hand, 
puts  the  question  for  its  passage,  by  saying,  '  Gentlemen,  all  you  who 
are  of  opinion  that  this  bill  shall  pass  say  'aye;'  and,  after  the  answer 
of  the  ayes,  'all  those  of  the  contrary  opinion  say  '  no.'  [Hakew.  154.] 
After  the  bill  is  passed  there  can  be  no  further  alteration  of  it  in  any 
point.  [Hakew.  159.] 


SECTION  XXXV. 

DIVISION   OF   THE   HOUSE. 

THE  affirmative  and  negative  of  the  question  having  been  both  put 
and  answered,  the  Speaker  declares  whether  the  yeas  or  nays  have  it, 
by  the  sound,  if  he  be  himself  satisfied,  and  it  stands  as  the  judgment 
of  the  House.  But,  if  he  be  not  himself  satisfied  which  voice  is  the 
greater,  or  if,  before  any  other  member  comes  into  the  House,  or  before 
any  new  motion  made  (for  it  is  too  late  after  that),  any  member  shall 
rise  and  declare  himself  dissatisfied  with  the  Speaker's  decision ;  then 
the  Speaker  is  to  divide  the  House.  [Scob.  24.  2  Hats.  140.] 

When  the  House  of  Commons  is  divided,  the  one  party  goes  forth,  and 
the  other  remains  in  the  house.  This  has  made  it  important  which  go 


Ros.  116, 
116,  &  117, 
Ho.  Repg. 
pp.  99  & 
100. 


Re.  4,  Ho. 
Repg.  p.  67 


180 


DIVISION  OP.THE  HOUSE. 


Re.  4,  Ho. 

Rep  p.  67. 


Re.  42,  Ho 
Reps.  p.  79 


Re.  16,  p 
127,  Sen. 


Re.  40,  Ho. 

Reps,      p, 
180. 


Re.  2,  Ho. 
Rep.  p.  67. 


Res.  62  & 
«3,Ho.Rcp 

P.  85. 


'orth,  and  which  remain ;  because  the  latter  gain  all  the  indolent,  the 
indifferent,  and  inattentive.  Their  general  rule  therefore  is,  that  those 
who  give  their  votes  for  the  preservation  of  the  orders  of  the  House 
shall  stay  in,  and  those  who  are  for  introducing  any  new  matter  or 
alteration,  or  proceeding  contrary  to  the  established  course,  are  to  go 
out.  But  this  rule  is  subject  to  many  exceptions  and  modifications.  [2 
Hats.  134.  1  Rush.  p.  3,  fol.  92.  Scob.  43,  52.  Co.  12,  116.  D'Ewes, 
505,  col.  1.  Mem.  in  Hakew.  25,  29.] 

The  one  party  having  gone  forth,  the  Speaker  names  two  tellers  from 
the  affirmative,  and  two  from  the  negative  side,  who  first  count  those 
sitting  in  the  House,  and  report  the  number  to  the  Speaker.  Then  they 
place  themselves  within  the  door,  two  on  each  side,  and  count  those 
who  went  forth,  as  they  come  in,  and  report  the  number  to  the  Speaker. 
[Mem.  in  Hakew.  26.] 

A  mistake  in  the  report  of  the  tellers  may  be  rectified  after  the 
report  made.  [2  Hats.  145,  note.] 

In  the  House  of  Commons  every  member  must  give  his  vote,  the  one 
way  or  the  other.  [Scob.  24.]  As  it  is  not  permitted  to  any  one  to 
withdraw  who  is  in  the  House  when  the  question  is  put ;  nor  is  any 
one  to  be  told  in  the  division  who  was  not  in  when  the  question  was 
put.  [2  Hats.  140.] 

This  last  position  is  always  time,  when  the  vote  is  by  yeas  and  nays ; 
where  the  negative  as  well  as  affirmative  of  the  question  is  stated  by 
the  President  at  the  same  time,  and  the  vote  of  both  sides  begins  and 
proceeds  pari  passu.*  It  is  true,  also,  when  the  question  is  put  in  the 
usual  way,  if  the  negative  has  also  been  put.  But  if  it  has  not,  the 
member  entering,  or  any  other  member,  may  speak,  and  even  propose 
amendments,  by  which  the  debate  may  be  opened  again,  and  the  ques- 
tion be  greatly  deferred.  And  as  some  who  have  answered  aye  may 
have  been  changed  by  the  new  arguments,  the  affirmative  must  be  put 
over  again. 

If  then  the  member  entering  may,  by  speaking  a  few  words,  occasion 
a  repetition  of  the  question,  it  would  be  useless  to  deny  it,  on  his  simple 
call  for  it. 

While  the  House  is  telling,  no  member  may  speak,  or  move-  out  of  his 
place ;  for,  if  any  mistake  be  suspected,  it  must  be  told  again.  [Mem. 
in  Hakew.  26.  2  Hats.  143.] 

If  any  difficulty  arises  in  point  of  order  during  the  division,  the 
Speaker  is  to  decide  peremptorily,  subject  to  the  future  censure  of  the 
House,  if  irregular.  He  sometimes  permits  old  experienced  members 
to  assist  him  with  their  advice ;  which  they  do,  sitting  in  their  seats, 
covered,  to  avoid  the  appearance  of  debate :  but  this  can  only  be  with 
the  Speaker's  leave,  else  the  division  might  last  several  hours.  [2 
Hats.  143.] 

The  voice  of  the  majority  decides.  For  the  lex  majoris  partisf  is  the 
law  of  all  councils,  elections,  &c.,  where  not  otherwise  expressly  pro- 
vided. [Hakew.  93.]  But  if  the  House  be  equally  divided,  'semper 
presumatur  pro  negante ;' J  that  is,  the  former  law  is  not  to  be  changed, 
but  by  a  majority.  [Towns,  col.  184.] 

When,  from  counting  the  House,  on  a  division,  it  appears  that  there 
is  not  a  Quorum,  the  matter  continues  exactly  in  the  state  in  which  it 


*  With  equal  gradations,  i.  e.  alphabetically,  or  otherwise. 
J  It  is  always  to  be  in  favor  of  the  negative. 


f  Will  of  the  majority. 


TITLE. RECONSIDERATION. 


181 


was  before  the  division,  and  must  be  resumed  at  that  point  on  any 
future  day.     [2  Hats.  126.] 

May  1,  1606,  on  a  question  whether  a  member  having  said  yea, 
may  afterwards  sit  and  change  his  opinien,  a  precedent  was  remem- 
bered by  the  Speaker,  of  Mr.  Morris,  attorney  of  the  wards,  in  39  Eliz. 
who,  in  like  case,  changed  his  opinion.  [Mem.  in  Hakew.  27.] 


SECTION   XXXVI. 


TITLE. 

AFTER  the  bill  has  passed,  and  not  before,  the  title  may  be  amended, 
and  is  to  be  fixed  by  a  question ;  and  the  bill  is  then  sent  to  the  other 
House. 


SECTION   XXXVII. 


RECONSIDERATION. 

IN  Parliament,  a  question  once  carried  cannot  be  questioned  again 
at  the  same  session,  but  must  stand  as  the  judgment  of  the  House. 
[  Towns,  coll.  67.  Mem.  in  Hakew.  33.  ]  And  a  bill  once  rejected,  an- 
other of  the  same  substance  cannot  be  brought  in  again  the  same  ses- 
sion. [  Hakew.  158.  6  Grey,  392.  ]  But  this  does  not  extend  to 
prevent  putting  the  same  question  in  different  stages  of  a  bill ;  because 
every  stage  of  a  bill  submits  the  whole  and  every  part  of  it  to  the 
opinion  of  the  House,  as  open  for  amendment,  either  by  insertion  or 
omission,  though  the  same  amendment  has  been  accepted  or  rejected 
in  a  former  stage.  So  in  reports  of  Committees,  e.  g.  report  of  an 
address,  the  same  question  is  before  the  House,  and  open  for  free  dis- 
cussion. [Towns,  coll.  26.  2  Hats.  98,100,101.]  So  orders  of  the 
House,  or  instructions  to  Committees,  may  be  discharged.  So  a  bill, 
begun  in  one  House,  sent  to  the  other,  and  there  rejected,  may  be  re- 
newed again  in  that  other,  passed  and  sent  back.  [  Ib.  92.  3  Hats. 
161.  ]  Or  if,  instead  of  being  rejected,  they  read  it  once  and  lay  it 
aside,  or  amend  it,  and  put  it  off  a  month,  they  may  order  in  another  to 
the  same  effect,  with  the  same  or  a  different  title.  [  Hakew.  97,  98.  ] 

Divers  expedients  are  used  to  correct  the  effects  of  this  rule,  as  by 
passing  an  explanatory  act,  if  any  thing  has  been  omitted  or  ill  ex- 
pressed, [  3  Hats.  278,  ]  or  an  act  to  enforce,  and  make  more  effectual  an 
act,  &c.,  or  to  rectify  mistakes  in  an  act,  &c.,  or  a  Committee  on  one 
bill  may  be  instructed  to  receive  a  clause  to  rectify  the  mistakes  of  an- 

16 


Re.  65,  Do. 
Rep.  p.  85. 


Re.  127, 
II'.  Reps, 
page  102. 


Rule  56, 
Ho.  Reps, 
page  83. 


Res.  20 
444,  Sen. 
pp.  128  * 
135. 


182 


BILLS    SENT,    &C. AMENDMENTS   BETWEEN    THE    HOUSES. 


Rule  56, 
Ho.  Reps, 
page  183. 


Res.  20, 
A  44,  Sen. 
pp.  128  & 
135. 


Joint  Rs 
1,  12,  14, 
15  &  16,  p. 
107  &  109. 


Joint  Re 
13,  p.  109, 


other.  Thus,  June  24,  1685,  a  clause  was  inserted  in  a  bill  for  recti- 
fying a  mistake  committed  by  a  Clerk  in  engrossing  a  bill  of  supply. 
~  2  Hats.  194,  6.  ]  Or  the  session  may  be  closed  for  one,  two,  three  or 
more  days,  and  a  new  one  commenced.  But  then  all  matters  depending 
must  be  finished,  or  they  fall,  and  are  to  begin  de  novo.*  [  2  Hats.  94 
to  98.  ]  Or  a  part  of  the  subject  may  be  taken  up  by  another  bill,  or 
taken  up  in  a  different  way.  [  6  Grey,  304,  316.  ] 

And  in  cases  of  the  last  magnitude,  this  rule  has  not  been  so  strictly 
and  verbally  observed,  as  to  stop  indispensable  proceedings  altogether. 
[  2  Hats.  92,  98.  ]  Thus,  when  the  address  on  the  preliminaries  of 
peace  in  1782,  had  been  lost  by  a  majority  of  one,  on  account  of  the 
importance  of  the  question,  and  smallness  of  the  majority,  the  same 
question  in  substance,  though  with  some  words  not  in  the  first,  and 
which  might  change  the  opinion  of  some  members,  was  brought  on 
again  and  carried ;  as  the  motives  for  it  were  thought  to  outweigh  the 
objection  of  form.  [  2  Hats.  99,  100.  ] 

A  second  bill  may  be  passed  to  continue  an  act  of  the  same  session ; 
or  to  enlarge  the  time  limited  for  its  execution.  [  2  Hats.  95,  98.  ] 
This  is  not  in  contradiction  to  the  first  act. 


SECTION    XXXVIII. 

BILLS    SENT    TO    THE    OTHER    HOUSE. 

A  BILL  from  the  other  house  is  sometimes  ordered  to  lie  on  the  table. 
[  2  Hats.  97.  ] 

When  bills  passed  in  one  House  and  sent  to  the  other,  are  grounded 
on  special  facts  requiring  proof,  it  is  usual  either  by  message,  or  at  a 
conference,  to  ask  the  grounds  and  evidence ;  and  this  evidence,  whe- 
ther arising  out  of  papers,  or  from  the  examination  of  witnesses,  is 
immediately  communicated.  [  3  Hats.  48.  ] 


SECTION    XXXIX. 

AMENDMENTS    BETWEEN    THE    HOUSES. 

WHEN  either  House,  e.  g.  the  House  of  Commons,  sends  a  bill  to  the 
other,  the  other  may  pass  it  with  amendments.  The  regular  progres- 
sion in  this  case  is,  that  the  Commons  disagree  to  the  amendment ;  the 
lords  insist  on  it ;  the  Commons  insist  on  their  disagreement ;  the  lords 
adhere  to  their  amendment ;  the  Commons  adhere  to  their  disagree- 
ment. The  term  of  insisting  may  be  repeated  as  often  as  they  choose, 
to  keep  the  question  open.  But  the  first  adherence  by  either  renders 

*  Anew. 


AMENDMENTS    BETWEEN'   THE    HOUSES. 


183 


it  necessary  for  the  other  to  recede  or  adhere  also ;  when  the  matter  is 
usually  suffered  to  fall.  [  10  Grey,  148.  ]  Latterly,  however,  there  are 
instances  of  their  having  gone  to  a  second  adherence.  There  must  be 
an  absolute  conclusion  of  the  subject  somewhere,  or  otherwise  transac- 
tions between  the  Houses  would  become  endless.  [  3  Hats.  268,  270.  ] 
The  term  of  insisting,  we  are  told  by  Sir  John  Trevor,  was  then  [1679] 
newly  introduced  into  parliamentary  usage  by  the  lords.  [7  Grey, 
94.  ]  It  was  certainly  a  happy  innovation,  as  it  multiplies  the  oppor- 
tunities of  trying  modifications  which  may  bring  the  Houses  to  a  con- 
currence. Either  House,  however,  is  free  to  pass  over  the  term  of 
insisting,  and  to  adhere  in  the  first  instance.  [  10  Grey,  146.  ]  But 
it  is  not  respectful  to  the  other.  In  the  ordinary  parliamentary  course, 
there  are  two  free  conferences  at  least  before  an  adherence.  [10  Grey, 
147.] 

Either  House  may  recede  from  its  amendment  and  agree  to  the  bill ; 
or  recede  from  their  disagreement  to  the  amendment,  and  agree  to  the 
same  absolutely,  or  with  an  amendment.  For  here  the  disagreement 
and  receding  destroy  one  another,  and  the  subject  stands  as  before  the 
disagreement.  [  Elsynge,  23 — 27.  9  Grey,  476.] 

But  the  House  cannot  recede  from,  or  insist  on,  its  own  amendment, 
with  an  amendment,  for  the  same  reason  that  it  cannot  send'  to  the 
other  House  an  amendment  to  its  own  act  after  it  has  passed  the  act. 
They  may  modify  an  amendment  from  the  other  House  by  ingrafting  an 
amendment  on  it,  because  they  have  never  assented  to  it ;  but  they 
cannot  amend  their  own  amendment,  because  they  have,  on  the  ques- 
tion, passed  it  in  that  form.  [  9  Grey,  353.  10  Grey,  240.  ]  [  U.  S.  Sen- 
ate, March  29,  1798.]  Nor  where  one  House  has  adhered  to  their 
amendment,  and  the  other  agrees  with  an  amendment,  can  the  first 
House  depart  from  the  form  which  they  have  fixed  by  an  adherence. 

In  the  case  of  a  money  bill  the  lords'  proposed  amendments  become, 
by  delay,  confessedly  necessary.  The  Commons,  however,  refused 
them  as  infringing  on  their  privilege  as  to  money  bills  ;  but  they  offered 
themselves  to  add  to  the  bill  a  proviso  to  the  same  effect,  which  had  no 
coherence  with  the  lord's  amendments ;  and  urged  that  it  was  an  expe- 
dient warranted  by  precedent,  and  not  unparliamentary  in  a  case  become 
impracticable,  and  irremediable  in  any  other  way.  [  3  Hats.  256,  266, 
270,  271.  ]  But  the  lords  refused,  and  the  bill  was  lost.  [  1  Chand. 
288.  ]  A  like  case,  [  1  Chand.  311.  ]  So  the  Commons  resolved  that 
it  is  unparliamentary  to  strike  out  at  a  conference  any  thing  in  a  bill 
which  hath  been  agreed  and  passed  by  both  Houses.  [  6  Grey,  274. 
1  Chand.  312.  ] 

A  motion  to  amend  an  amendment  from  the  other  House  takes  pre- 
cedence of  a  motion  to  agree  or  disagree. 

A  bill  originating  in  one  House,  is  passed  by  the  other  with  an 
amendment.  The  originating  House  agrees  to  their  amendment  with 
an  amendment.  The  other  may  agree  to  their  amendment  with  an 
amendment ;  that  being  only  in  the  second  and  not  the  third  degree. 
For  as  to  the  amending  House,  the  first  amendment  with  which  they 
passed  the  bill  is  a  part  of  its  text ;  it  is  the  only  text  they  have  agreed 
to.  The  amendment  to  that  text  by  the  originating  House,  therefore, 
is  only  in  the  first  degree,  and  the  amendment  to  that  again  by  the 
amending  House  is  only  in  the  second,  to  wit :  an  amendment  to  an 
amendment,  and  so  admissible.  Just  so  when,  on  a  bill  from  the  origi- 
nating House,  the  other,  at  its  second  reading,  makes  an  amendment ; 


Joint  IX 
1,  12,  13, 
14  &  15, 
pp.  107  A 
109. 


184 


CONFERENCES. 


Joint 
Rule,  5,  p. 
108. 


Joint 
Rule.  1.  p. 
107. 


on  the  third  reading  this  amendment  is  become  the  text  of  the  bill,  and, 
if  an  amendment  to  it  be  moved,  an  amendment  to  that  amendment  may 
also  be  moved,  as  being  only  in  the  second  degree. 


SECTION  XL. 

CONFERENCES. 

IT  is  on  the  occasion  of  amendments  between  the  Houses  that  con- 
ferences are  usually  asked ;  but  they  may  be  asked  in  all  cases  of  dif- 
ference of  opinion  between  the  two  Houses  on  matters  depending 
between  them.  The  request  of  a  conference,  however,  must  always  be 
by  the  House  which  is  possessed  of  the  papers.  [  3  Hats.  31.  1  Grey, 
425.] 

Conferences  may  be  either  simple  or  free.  At  a  conference  simply, 
written  reasons  are  prepared  by  the  House  asking  it ;  and  they  are  read 
and  delivered,  without  debate,  to  the  managers  of  the  other  House,  at 
the  conference,  but  are  not  then  to  be  answered.  [  3  Grey,  144.  ] 

The  other  House  then,  if  satisfied,  vote  the  reasons  satisfactory,  or 
say  nothing.  If  not  satisfied,  they  resolve  them  not  satisfactory,  and 
ask  a  conference  on  the  subject  of  the  last  conference ;  where  they 
read  and  deliver,  in  like  manner,  written  answers  to  those  reasons. 
[  3  Grey,  183.  ] 

They  are  meant  chiefly  to  record  the  justification  of  each  House  to 
the  nation  at  large,  and  to  posterity,  and  in  proof  that  the  miscarriage 
of  a  necessary  measure  is  not  imputable  to  them.  [  3  Grey,  255.  ] 

At  free  conferences,  the  managers  discuss  viva  voce*  and  freely,  and 
interchange  propositions  for  such  modifications  as  may  be  made  in  a 
parliamentary  way,  and  may  bring  the  sense  of  the  two  Houses  together. 
And  each  party  reports  in  writing,  to  their  respective  Houses,  the  sub- 
stance of  what  is  said  on  both  sides,  and  it  is  entered  in  their  Journals. 
[  9  Grey,  220.  3  Hats.  280.  ] 

"This  report  cannot  be  amended  or  altered,  as  that  of  a  Committee 
may  be."  [  Journ.  Sen.  May  24,  1790.  ] 

A  conference  may  be  asked,  before  the  House  asking  it  has  come  to  a 
resolution  of  disagreement,  insisting,  or  adhering.  [  3  Hats.  269,  341.  ] 
In  which  case  the  papers  are  not 'left  with  the  other  conferees,  but  are 
brought  back,  to  be  the  foundation  of  the  vote  to  be  given.  And  this 
is  the  most  reasonable  and  respectful  proceeding.  For,  as  was  urged 
by  the  lords  on  a  pai'ticular  occasion,  '  It  is  held  vain,  and  below  the 
wisdom  of  Parliament,  to  reason  or  argue  against  fixed  resolutions,  and 
upon  terms  of  impossibility  to  persuade.'  [3  Hats.  226.  ]. 

So  the  Commons  say,  '  An  adherence  is  never  delivered  at  a  free  con- 
ference, which  implies  debate.'  [  10  Grey,  147.  ]  And,  on  another 
occasion,  the  lords  made  it  an  objection,  that  the  Commons  had  asked 
a  free  conference,  after  they  had  made  resolutions  of  adhering. 


*  With  the  living  voice,  i.  e.  orally 


MESSAGES. 


185 


It  was  then  affirmed,  however,  on  the  part  of  the  Commons,  that 
nothing  was  more  parliamentary,  than  to  proceed  with  free  conferences 
after  adhering.  [  3  Hats.  269.  ]  And  we  do,  in  fact,  see  instances  of 
conference,  or  of  free  conference,  asked  after  the  resolution  of  disa- 
greeing; [3  Hats.  251,  253,  260,  286,  291,  316,  349;  ]  of  insisting,  [ib. 
280,  296,  299,  319,  322,  355 ;]  of  adhering,  [269,  270,  283,  300;]  and 
even  of  a  second  or  final  adherence.  [  3  Hats.  270.  ] 

And  in  all  cases  of  conference  asked  after  a  vote  of  disagreement,  &c. 
the  Conferees  of  the  House  asking  it  are  to  leave  the  papers  with  the 
Conferees  of  the  other ;  and  in  one  case  where  they  refused  to  receive 
them,  they  were  left  on  the  table  in  the  conference-chamber.  [  Ib.  271, 
317,  323,  354.  ]  [  10  Grey,  146.  ] 

After  a  free  conference  the  usage  is  to  proceed  with  free  conferences, 
and  not  to  return  again  to  a  conference.  [  3  Hats.  270.  9  Grey,  229.  ] 

After  a  conference  denied  a  free  conference  may  be  asked.  [  1. 
Grey,  45.  ] 

When  a  conference  is  asked,  the  subject  of  it  must  be  expressed,  or 
the  conference  not  agreed  to.  [  Ord.  H.  Commons,  89.  1  Grey,  425. 
7  Grey,  31.  ]  They  are  sometimes  asked  to  inquire  concerning  an 
offence  or  default  of  a  member  of  the  other  House.  [  6  Grey,  181.  1 
Chandler,  304.  ]  Or  the  failure  of  the  other  House  to  present  to  the 
king  a  bill  passed  by  both  Houses.  [  8  Grey,  302.  ]  Or  on  informa- 
tion received,  and  relating  to  the  safety  of  the  nation.  [  10  Grey,  171.  ] 
Or  when  the  methods  of  Parliament  are  thought  by  the  one  House  to 
have  been  departed  from  by  the  other,  a  conference  is  asked  to  come 
to  a  right  understanding  thereon.  [10  Grey,  148.  ] 

So  when  an  unparliamentary  message  has  been  sent,  instead  of  an- 
swering it  they  ask  a  conference.  [  3  Grey,  155.  ] 

Formerly,  an  address,  or  articles  of  impeachment,  or  a  bill  with 
amendments,  or  a  vote  of  the  House,  or  concurrence  in  a  vote,  or  a 
message  from  the  king,  were  sometimes  communicated  by  way  of  con- 
ference. [  6  Grey,  128,  300,  387.  7  Grey,  80.  8  Grey,  210,  255.  1 
Torbuck's  Deb.  278.  10  Grey,  293.  1  Chand.  49,  287.  ]  But  this  is  not 
the  modern  practice.  [  8  Grey,  255.  ] 

A  conference  has  been  asked  after  the  first  reading  of  a  bill.  [1  Grey, 
194.  ]  This  is  a  singular  instance. 


SECTION  XLI. 


MESSAGES. 

MESSAGES  between  the  Houses  are  to  be  sent  only  while  both  Houses 
are  sitting.  [  3  Hats.  15.  ]  They  are  received  during  a  debate,  with- 
out adjourning  the  debate.  [  3  Hats.  22.  ] 

In  the  House  of  Representatives,  as  in  Parliament,  if  the  House  be  in 


16* 


Joint  Reft, 
1,  12,  13, 
H,  15  4 
16,  pages 
107  &  109. 


Re.  27,  Ho, 
Reps.  p. 
~4,  and 
joint  rules 
2,  3  and  4, 
page  107. 


186 


MESSAGES. 


Ke.  27,  Ho 
Kepa.  p.  74 


Joint  Res. 
1,2,344, 
p.  107. 


Rule  46, 
Senate,  p. 
135. 


Committee  when  a  messenger  attends,  the  Speaker  takes  the  chair  to 
receive  the  message,  and  then  quits  it  to  return  into  Committee,  with- 
out any  question  or  interruption.  [  4  Grey,  226.  ] 

Messengers  are  not  saluted  by  the  members,  but  by  the  Speaker,  for 
the  House.  [  2  Grey,  253,  274.  ] 

If  messengers  commit  an  error  in  delivering  their  message,  they  may 
be  admitted,  or  called  in,  to  correct  their  message.  [  4  Grey,  41.  ] 

Accordingly,  March  13,  1800,  the  Senate  having  made  two  amend- 
ments to  a  bill  from  the  House  of  Representatives,  their  Secretary,  by 
mistake,  delivered  one  only ;  which  being  inadmissible  by  itself,  that 
House  disagreed,  and  notified  the  Senate  of  their  disagreement.  This 
produced  a  discovery  of  the  mistake.  The  Secretary  was  sent  to  the 
other  House  to  correct  his  mistake,  the  correction  was  received,  and 
the  two  amendments  acted  on  de  novo.* 

As  soon  as  the  messenger,  who  has  brought  bills  from  the  other 
House,  has  retired,  the  Speaker  holds  the  bills  in  his  hand,  and  ac- 
quaints the  House,  '  that  the  other  House  have,  by  their  messenger, 
sent  certain  bills,'  and  then  reads  their  titles,  and  delivers  them  to  the 
Clerk  to  be  safely  kept,  till  they  shall  be  called  for  to  be  read. 
[  Hakew.  178.  ] 

It  is  not  the  usage  for  one  House  to  inform  the  other,  by  what  num- 
bers a  bill  has  passed.  [  10  Grey,  150.  ]  Yet  they  have  sometimes 
recommended  a  bill,  as  of  great  importance,  to  the  consideration  of  the 
House  to  which  it  is  sent.  [  3  Hats.  25.  ]  Nor,  when  they  have  re- 
jected a  bill  from  the  other  House,  do  they  give  notice  of  it ;  but  it 
passes,  sub  silentio.f  to  prevent  unbecoming  altercations.  [  1  Blackst. 
183.] 

A  question  is  never  asked  by  the  one  House  of  the  other,  by  way  of 
message,  but  only  at  a  conference ;  for  this  is  an  interrogatory,  not  a 
message.  [3  Grey,  151,  181.  ] 

When  a  bill  is  sent  by  one  House  to  the  other,  and  is  neglected,  they 
may  send  a  message  to  remind  them  of  it.  [  3  Hats.  25.  5  Grey,  154.  ] 
But  if  it  be  mere  inattention,  it  is  better  to  have  it  done  informally,  by 
communications  between  the  Speakers,  or  members  of  the  two  Houses. 

Where  the  subject  of  a  message  is  of  a  nature  that  it  can  properly  be 
communicated  to  both  Houses  of  Parliament,  it  is  expected  that  this 
communication  should  be  made  to  both  on  the  same  day.  But  where  a 
message  was  accompanied  with  an  original  declaration,  signed  by  the 
party  to  which  the  message  referred,  its  being  sent  to  one  House  was 
not  noticed  by  the  other,  because  the  declaration,  being  original,  could 
not  possibly  be  sent  to  both  Houses  at  the  same  time.  [  2  Hats.  260, 
261,  262.  ] 

The  king,  having  sent  original  letters  to  the  Commons,  afterwards 
desires  they  may  be  returned,  that  he  may  communicate  them  to  the 
lords.  [  1  Chandler,  303.  ] 


*  Anew. 


In  silence. 


1.= 


ASSENT. — JOURNALS. 


187 


SECTION  XLII. 

ASSENT. 

THE  House  vrhich  has  received  a  bill  and  passed  it  may  present  it  for 
the  king's  absent,  and  ought  to  do  it,  though  they  have  not  by  message 
notified  to  the  other  their  passage  of  it.  Yet  the  notifying  by  message 
is  a  form  which  ought  to  be  observed  between  the  two  Houses,  from  mo- 
tives of  respect  and  good  understanding.  [  2  Hats.  242.  ]  Were  the 
bill  to  be  withheld  from  being  presented  to  the  king,  it  would  be  an  in- 
fringement of  the  rules  of  parliament.  [  Ib.  ] 

When  the  bill  is  enrolled,  it  is  not  to  be  written  in  paragraphs,  but 
solidly,  and  all  of  a  piece,  that  the  blanks  between  the  paragraphs  may 
not  give  room  for  forgery.  [  9  Grey,  143.  ] 


SECTION    XLIII. 


JOURNALS, 

-    •% 

IF  a  question  is  interrupted  by  a  vote  to  adjourn,  or  to  proceed  to  the 
orders  of  the  day,  the  original  question  is  never  printed  in  the  journal 
it  never  having  been  a  vote,  nor  introductory  to  any  vote ;  but  when 
suppressed  by  the  previous  question,  the  first  question  must  be  stated 
in  order  to  introduce,  and  make  intelligible  the  second  [  2  Hats.  83. " 

So  also  when  a  question  is  postponed,  adjourned,  or  laid  on  the  table 
the  original  question,  though  not  yet  a  vote,  must  be  expressed  in  the 
journals ;  because  it  makes  part  of  the  vote  of  postponement,  adjourn 
ing  or  laying  on  the  table. 

Where  amendments  are  made  to  a  question,  those  amendments  are 
not  printed  in  the  journals,  separated  from  the  question ;  but  only  th 
question  as  finally  agreed  to  by  the  House.     The  rule  of  entering  in 
the  journals  only  what  the  House  has  agreed  to,  is  founded  in  grea 
prudence  and  good  sense ;  as  there  may  be  many  questions  propose* 
which  it  may  be  improper  to  publish  to  the  world  in  the  form  in  which, 
they  are  made.     [  2  Hats.  86.  ] 

The  first  order  for  printing  the  votes  of  the  House  of  Commons  was 
Oct.  30,  1685.     [1  Chandler,  387.] 

Some  judges  have  been  of  opinion  that  the  journals  of  the  House  o1 
Commons  are  no  records,  but  only  remembrances.     But  this  is  not  law 
[Hob.  110,  111.  Lex.  parl.  114.  115.  Jourl.  H.  C.  Mar.  17,  1592.  Hal 
parl.  105.  ]     For  the  lords  in  their  House  have  power  of  judicature 
the  Commons  in  their  House  have  power  of  judicature,  and  both  Houses 
together  have  power  of  judicature ;  and  the  book  of  the  Clerk  of  th 
House  of  Commons  is  a  record,  as  is  afiirmed  by  act  of  parl.  6  H.  8,  o 
16,  4  Inst.  23,  24,  and  every  member  of  the  House  of  Commons  hath 
judicial  place.     [4  Inst.  15.  ]     As  records  they  are  open  to  every  per- 


ConstTJ. 

5.  Art.  1, 
Sec.  7,  p. 
14. 

Joint  Rs. 

6,  7,  8,  ft 
&  10,  pp. 
108  $  10$. 


Const.  IT. 
S.  Art.  1, 
Sec.  6,  p. 
12 

Re.  44,  Ho. 
Rep.  p.  79. 


Res.  S» 
&  32,  Sen, 
p.  130. 


188 


ADJOURNMENT.— A    SESSION. 


Rule  6, 
Ho.  Reps, 
page  68. 


Const.  TJ. 
8.  Art.  1, 
Sec.  5.  p. 
13. 

Res.  48 
&  49,  Ho. 
Reps.  pp. 
80  &  82. 


Rule  11, 
Sen.  page 
126. 


Const.  U 
8.  Art.  11, 
Sec.  3,  p. 

Mi 


son,  and  a  printed  vote  of  either  House  is  sufficient  ground  for  the  other 
to  notice  it.  Either  may  appoint  a  Committee  to  inspect  the  journals 
of  the  other,  and  report  what  has  been  done  by  the  other  in  any  parti- 
cular case.  [2  Hats.  261.  3  Hats.  27 — 30.  ]  Every  member  has  aright 
to  see  the  journals,  and  to  take  and  publish  votes  from  them.  Being  a 
record  every  one  may  see  and  publish  them.  [  6  Grey,  118,  119.  ] 

On  information  of  a  misentry  or  omission  of  an  entry  in  the  journal, 
a  Committee  may  be  appointed  to  examine  and  rectify  it,  and  report  it 
to  the  House.  [  2  Hats.  194,  6.  ] 


SECTION    XLIV. 


ADJOURNMENT. 

THE  two  Houses  of  Parliament  have  the  sole,  separate,  and  inde- 
pendent power  of  adjoiirning  each  their  respective  Houses.  The  king 
has  no  authority  to  adjourn  them ;  he  can  only  signify  his  desire,  and 
it  is  in  the  wisdom  and  prudence  of  either  House  to  comply  with  his 
requisition,  or  not,  as  they  see  fit.  [  2  Hats.  232.  1  Blackstone,  186. 
5  Grey,  122.  ] 

A  motion  to  adjourn  simply  cannot  be  amended  as  by  adding  'to  a 
particular  day.'  But  must  be  put  simply  '  that  this  House  do  now  ad- 
journ?' and  if  carried  in  the  affirmative,  it  is  adjourned  to  the  next 
sitting  day,  unless  it  has  come  to  a  previous  resolution  '  that  at  its  rising 
it  will  adjourn  to  a  particular  day,'  and  then  the  House  is  adjourned  to 
that  day.  [  2  Hats.  82.  ] 

Where  it  is  convenient  that  the  business  of  the  House  be  suspended 
for  a  short  time,  as  for  a  conference  presently  to  be  held,  &c.,  it  ad- 
journs during  pleasure.  [  2  Hats.  305.  ]  Or  for  a  quarter  of  an  hour. 
[  5  Grey,  331.  ] 

If  a  question  be  put  for  adjournment  it  is  no  adjournment  till  the 
Speaker  pronounces  it.  [5  Grey,  137.  ]  And  from  courtesy  and  re- 
spect, no  member  leaves  his  place  till  the  Speaker  has  passed  on. 


SECTION  XLV. 

A    SESSION. 

PABLIAMENT  have  three  modes  of  separation,  to  wit:  by  adjournment, 
by  pi-orogation,  or  dissolution  by  the  king,  or  by  the  efflux  of  the  term 
for  which  they  were  elected.  Prorogation  or  dissolution  constitutes 
there  what  is  called  a  session,  provided  some  act  has  passed.  In  this 
case  all  matters  depending  before  them  are  discontinued,  and  at  their 


TREATIES. 


189 


next  meeting  are  to  be  taken  up  de  novo,*  if  taken  up  at  all.  [  1 
Blackst.  186.  ]  Adjournment,  which  is  by  themselves,  is  no  more  than 
a  continuance  of  the  session  from  one  day  to  another,  or  for  a  fortnight, 
a  month,  &c.,  ad  libitum,  f  All  matters  depending  remain  in  statu  quo,  j 
and  when  they  meet  again,  be  the  term  ever  so  distant,  are  resumed 
without  any  fresh  commencement,  at  the  point  at  which  they  were  left. 
[  1  Lev.  165.  Lex.  Parl.  c.  2.  1  Ro.  Rep.  29.  4  Inst.  7,  27,  28.  Hutt. 
61.  1  Mod.  252.  Ruffb.  Fac's.  L.  Diet.  Parliament.  1  Blackst.  186.  ] 
Their  whole  session  is  considered  in  law  but  as  one  day,  and  has  rela- 
tion to  the  first  day  thereof.  [  Bro.  abr.  parliament.  86.  ] 

Committees  may  be  appointed  to  sit  during  a  recess  by  adjournment, 
but  not  by  prorogation.  [5  Grey,  374.  9  Grey,  850.  1  Chandler,  50.  ] 
Neither  House  can  continue  any  portion  of  itself  in  any  parliamentary 
function,  beyond  the  end  of  the  session,  without  the  consent  of  the 
other  two  branches.  When  done,  it  is  by  a  bill  constituting  them  com- 
missioners for  the  particular  purpose. 

When  it  was  said  above,  that  all  matters  depending  before  parliament 
were  discontinued  by  the  determination  of  the  session,  it  was  not  meant 
for  judiciary  cases,  depending  before  the  House  of  Lords,  such  as  im- 
peachments, appeals,  and  writs  of  error.  These  stand  continued,  of 
course,  to  the  next  session.  [Raym.  120,  381.  Ruffb.  Fac.  L.  D.  Par- 
liament. ] 


SECTION   XLVI. 


TREATIES. 


TREATIES  are  legislative  acts.  A  treaty  is  a  law  of  the  land.  It  dif- 
fers from  other  laws  only  as  it  must  have  the  consent  of  a  foreign 
nation,  being  but  a  contract  with  respect  to  that  nation.  In  all  coun- 
tries, I  believe,  except  England,  treaties  are  made  by  the  legislative 
power :  and  there  also,  if  they  touch  the  laws  of  the  land,  they  must  be 
approved  by  Parliament  [  Ware  v.  Hylton,  3  Dallas  rep.  273.  ]  It 
is  acknowledged,  for  instance,  that  the  king  of  Great  Britain  cannot  by 
a  treaty  make  a  citizen  of  an  alien.  [  Vattel.  B.  1.  c.  19,  sec.  214.  ] 
An  act  of  parliament  was  necessary  to  validate  the  American  treaty  of 
1783.  And  abundant  examples  of  such  acts  can  be  cited.  In  the  case 
of  the  treaty  of  Utretcht  in  1712,  the  commercial  articles  required  the 
concurrence  of  parliament.  But  a  bill  brought  in  for  that  purpose  was 
rejected.  France,  the  other  contracting  party,  suffered  these  articles, 
in  practice,  to  be  not  insisted  on,  and  adhered  to  the  rest  of  the  treaty 
[  4  Russel's  Hist.  Mod.  Europe  457.  2  Smollet.  242,  246.  ] 


*  Anew. 

t  In  their  former  condition. 


f  At  pleasure. 


Joint  Re. 
20,  p.  110. 


Const.  TT. 
S.  Art  11, 
te  2,  p. 

Rs.  37  * 
38,  Sen.  p. 
133  It  134. 


190 


IMPEACHMENT. 


SECTION  XLVII. 


IMPEACHMENT. 

JURISDICTION.  The  lords  cannot  impeach  any  to  themselves,  nor  join 
in  the  accusation,  because  they  are  the  judges.  [  Seld.  Judic.  in  parl. 
12,  63.  ]  Nor  can  they  proceed  against  a  commoner  but  on  complaint 
of  the  Commons,  [  id.  84.  ]  The  lords  may  not,  by  the  law,  try  a  com- 
moner for  a  capital  offence,  on  the  information  of  the  king,  or  a  private 
person ;  because  the  accused  is  entitled  to  a  trial  by  his  peers  gene- 
rally ;  but  on  accusation  by  the  House  of  Commons,  they  may  proceed 
against  the  delinquent,  of  whatsoever  degree,  and  whatsoever  be  the 
nature  of  the  offence ;  for  there  they  do  not  assume  to  themselves  trial 
at  common  law.  The  Commons  are  then  instead  of  a  jury,  and  the 
judgment  is  given  on  their  demand,  which  is  instead  of  a  verdict.  So 
the  lord's  do  only  judge,  but  not  try  the  delinquent.  [Id.  6,  7.  ]  But 
Wooddeson  denies  that  a  commoner  can  now  be  charged  capitally  before 
the  lords,  even  by  the  Commons ;  and  cites  Fitzharris's  case,  1681, 
impeached  of  high  treason,  where  the  lords  remitted  the  prosecution  to 
the  inferior  court.  [  8  Grey's  deb.  325 — 7,  2.  Wooddesson,  601,  576. 
3  Seld.  1610,  1619,  1641.  4  Blacks.  257.  3  Sed.  1604,  1618,  9,  1656.  ] 
•Accusation.  The  Commons,  as  the  grand  inquest  of  the  nation,  be- 
come suitors  for  penal  justice.  [2  Woodd.  597.  6  Grey,  356.]  The 
general  course  is  to  pass  a  resolution  containing  a  criminal  charge 
against  the  supposed  delinquent,  and  then  to  direct  some  member  to 
impeach  him  by  oral  accusation,  at  the  bar  of  the  House  of  Lords,  in 
the  name  of  the  Commons.  The  person  signifies  that  the  articles  will 
be  exhibited,  and  desires  that  the  delinquent  may  be  sequestered  from 
his  seat,  or  be  committed,  or  that  the  peers  wiL  take  order  for  his  ap- 
pearance. [  Sachev.  trial.  325.  2  Wood.  602,  605.  Lords.  Journ.  3 
June,  1701.  1  Wms.  616.  6  Grey,  324.  ]  , 

Process.  If  the  party  do  not  appear,  proclamations  are  to  be  issued, 
giving  him  a  day  to  appear.  On  their  return  they  are  strictly  exam- 
ined. If  any  error  be  found  in  them,  a  new  proclamation  issues  giving 
a  short  day.  If  he  appear  not,  his  goods  may  be  arrested,  and  they 
may  proceed.  [  Seld.  Jud.  98,  99.  ] 

Articles.  The  accusation  (articles)  of  the  Commons  is  substituted  in 
place  of  an  indictment.  Thus,  by  the  usage  of  parliament,  in  impeach- 
ment for  writing  or  speaking,  the  particular  words  need  not  be  specified. 
[  Sach.  tr.  325.  2  Wood.  602—605.  Lords.  Journ.  3  June,  1701.  1  Wms. 
616.] 

Appearance.  If  he  appears,  and  the  case  be  capital,  he  answers  in 
custody :  though  not  if  the  accusation  be  general.  He  is  not  to  be 
committed  but  on  special  accusations.  If  it  be  for  a  misdemeanor  only, 
he  answers  a  lord  in  his  place,  a  commoner  at  the  bar,  and  not  in  cus- 
tody, unless,  on  the  answer,  the  lords  find  cause  to  commit  him,  till  he 
find  sureties  to  attend,  and  lest  he  should  fly.  [  Seld.  Jud.  98,  99.  ]  A 
copy  of  the  articles  is  given  him,  and  a  day  fixed  for  his  answer.  [  T. 
Ray.  1  Bushw.  268.  Post.  232.  1  Clar.  Hist,  of  the  reb.  379.  ]  Ou  a 
misdemeanor,  his  appearance  may  be  in  person,  or  he  may  answer  in 
writing,  or  by  attorney.  [  Seld.  Jud.  100.  ]  The  general  rule  on  an 


IMPEACHMENT. 


191 


accusation  for  a  misdemeanor  is,  that  in  such  a  state  of  liberty  or  re- 
straint as  the  party  is  when  the  Commons  complain  of  him,  in  such  he 
is  to  answer.  [  Id.  101.  ]  If  previously  committed  by  the  Commons, 
he  answers  as  a  prisoner.  But  this  may  be  called  in  some  sort  judicium 
parium  suorum.*  [  Ib.  ]  In  misdemeanors  the  party  has  a  right  to 
counsel  by  the  common  law ;  but  not  in  capital  cases.  [  Seld.  Jud. 
102—6.] 

Answer.  The  answer  need  not  observe  great  strictness  of  form.  He 
may  plead  guilty,  as  to  part,  and  defend  as  to  the  residue ;  or,  saving 
all  exceptions,  deny  the  whole,  or  give  a  particular  answer  to  each  ar- 
ticle separately.  [  1  Rush.  274.  2  Rush  1374.  12  Part.  hist.  442.  3 
Lords.  Journ.  13  Nov.  1643.  2  Wood.  607.  ]  But  he  cannot  plead  a 
pardon  in  bar  to  the  impeachment.  [  2  Wood.  615.  2  St.  tr.  735.  ] 

Replication,  Rejoinder,  &c.  There  may  be  a  replication,  rejoinder, 
&c.  [Seld.  Jud.  114.  8  Grey's  deb.  233.  Sacher.  tr.  15.  Journ.  H.  of 
Commons,  6  March,  1640,  1.  ] 

Witnesses.  The  practice  is,  to  swear  the  witnesses  in  open  House, 
and  then  examine  them  there :  or  a  Committee  may  be  named,  who 
shall  examine  them  in  Committee,  either  on  interrogatories  agreed  on 
in  the  House,  or  such  as  the  Committee  in  their  discretion  shall  demand. 
[  Seld.  Jud.  120,  123.  ] 

Jury.  In  the  case  of  Alice  Pierce,  1  R.  2,  a  jury  was  impanelled  for 
her  trial  before  a  Committee.  [  Seld.  Jud.  123.  ]  But  this  was  on  a 
complaint,  not  on  impeachment,  by  the  Commons.  [  Seld.  Jud.  163.  ] 
It  must  also  have  been  for  a  misdemeanor  only,  as  the  lords  spiritual 
sat  in  the  case,  which  they  do  on  misdemeanors,  but  not  in  capital 
cases.  [Id.  148.  ]  The  judgment  was  a  forfeiture  of  all  her  lands  and 
goods.  [Id.  188.]  This,  Shelden  says,  is  the  only  jury  he  finds  re- 
corded in  parliament  for  misdemeanors :  but  he  makes  no  doubt,  if  the 
delinquent  doth  put  himself  on  the  trial  of  his  country,  a  jury  ought  to 
be  impanelled,  and  he  adds  that  it  is  -not  so  on  impeachment  by  the 
Commons;  for  they  are  in  loco  proprio,f  and  there  no  jury  ought  to  be 
impanelled.  [  Id.  124.  ]  The  Ld.  Berkeley,  6  E.  3,  was  arraigned  for 
the  murder  of  L.  2,  on  an  information  on  the  part  of  the  king,  and  not 
on  impeachment  of  the  Commons ;  for  then  they  had  been  patria  sua.  J 
He  waived  his  peerage,  and  was  tried  by  a  jury  of  Gloucestershire  and 
Warwickshire.  [Id.  125.  ]  In  1  H.  7,  the  Commons  protest  that  they 
are  not  to  be  considered  as  parties  to  any  judgment  given,  or  hereafter 
to  be  given  in  parliament.  [  Id.  133.  ]  They  have  been  generally, 
and  more  justly  considered,  as  is  before  stated,  as  the  grand  jury.  For 
the  conceit  of  Selden  is  certainly  not  accurate,  that  they  are  the  patria 
sua  of  the  accused,  and  that  the  lords  do  only  judge,  but  not  try.  It 
is  undeniable  that  they  do  try.  For  they  examine  witnesses  as  to  the 
facts,  and  acquit  or  condemn,  according  to  their  own  belief  of  them. 
And  Lord  Hale  says,  '  the  peers  are  judges  of  law  as  well  as  of  fact.' 
[2  Hale,  P.  C.  275.  ]  Consequently  of  fact  as  well  as  of  law. 

Presence  of  Commons.  The  Commons  are  to  be  present  at  the  ex- 
amination of  witnesses.  [  Seld.  Jud.  124.  ]  Indeed  they  are  to  attend 
throughout,  either  as  a  Committee  of  the  whole  House,  or  otherwise,  at 
discretion,  appoint  managers  to  conduct  the  proofs.  [  Rushw.  tr.  of 
Straff,  37.  Com.  Journ.  4  Feb.  1709,  10.  2  Wood.  614.]  Andjudg- 


ConstU. 
S.  Art.  1, 
Sec.  3,  p 
10. 


*  Judgment  of  his  peers,  or  equals. 
t  The  country. 


j-  In  the  right  place. 


192 


IMPEACHMENT. 


Const.  TJ. 
S.  Art.  1, 
Sec.  3,  p. 
10. 


ment  is  not  to  be  given  till  they  demand  it.  [  Seld.  Jud.  124.]  But 
they  are  not  to  be  present  on  impeachment  when  the  lords  consider  of 
the  answer  or  proofs,  and  determine  of  their  judgment.  Their  presence 
however  is  necessary  at  the  answer  and  judgment  in  cases  capital.  [  Id. 
158,  159,  as  well  as  not  capital,  1G2.  ]  The  lords  debate  the  judgment 
among  themselves.  Then  the  vote  is  first  taken  on  the  question  of 
guilty  or  not  guilty :  and  if  they  convict,  the  question,  or  particular 
sentence,  is  out  of  that  which  seemeth  to  be  most  generally  agreed  on. 
[  Seld.  Jud.  167.  2  Wood.  612.  ] 

Judgment.  Judgments  in  parliament  for  death  have  been  strictly 
guided  per  legem  terrse,*  which  they  cannot  alter :  and  not  at  all  accord- 
ing to  their  discretion.  They  can  neither  omit  any  part  of  the  legal 
judgment,  nor  add  to  it.  Their  sentence  must  be  secundum,  non  ultra 
legem. -j-  [Seld.  Jud.  168 — 171.]  This  trial,  though  it  varies  in  external 
ceremony,  yet  differs  not  in  essentials  from  criminal  prosecutions  before 
inferior  courts.  The  same  rules  of  evidence,  the  same  legal  notions  of 
crimes  and  punishments  prevail.  For  impeachments  are  not  framed  to 
alter  the  law,  but  to  carry  it  into  more  effectual  execution  against  too 
powerful  delinquents.  The  judgment  therefore  is  to  be  such  as  is  war- 
ranted by  legal  principles  or  precedents.  [  6  Sta.  tr.  14.  2  Wood.  611.  ] 
The  chancellor  gives  judgments  in  misdemeanors  ;  the  Lord  High  Steward 
formerly  in  cases  of  life  and  death.  [  Seld.  Jud.  180.  ]  But  now  the 
steward  is  deemed  not  necessary.  [Fost.  144.  2  Wood.  618.]  In  mis- 
demeanors the  greatest  corporal  punishment  hath  been  imprisonment. 
[  Seld.  Jud.  184.  ]  The  king's  assent  is  necessary  in  capital  judgments, 
(but  2  Wood.  614,  contra)  but  not  in  misdemeanors.  [  Seld.  Jud.  136.  ] 

Continuance.  An  impeachment  is  not  discontinued  by  the  dissolution 
of  parliament,  but  may  be  resumed  by  the  new  parliament.  [  T.  Ray. 
383.  4  Com.  Journ.  23  Dec.  1790,  Lords  Jour.  May  16,  1791.  2  Wood. 
618.] 


*  By  the  law  of  the  land. 


f  According  to,  not  against  law. 


FINIS. 


INDEX  TO  JEFFERSON'S  MANUAL. 


193 


INDEX  TO  JEFFERSON'S  MANUAL. 

FACE 

Absence,           .        .        •  -£."•        •        •        •        •        •  151 

Address,      .        .        ,;  "">     ' .  162 

Adjournment,           i"      ^       ».".'•   "•»'.••       •    ""•  188 

Amendment, _ ••"  *  '^"  •        .  173 

"            Between  the  Houses,    .        .        .      '»-.<,*<      .  182 

Arrangement  of  Business, 155 

Assent,    .        .        .        .        .        .        .        .        .        .        •.' 

Bills,  Leave  to  Bring  in, .         .161 

First  Reading, 162 

Second  Reading,         .        • 162 

Recommitment,        ........  163 

Report  Taken  Up, '    .  165 

Second  Reading  in  the  House, 166 

Third  Reading .178 

Sent  to  the  Other  House, 182 

Call  of  the  House, 151 

Committees, 152 

"            Of  the  Whole 163 

"            Report  of, 164 

"            Quasi,      .  '   '.      •'.    •--.'•       ,     :   .    .    .'-.--  .        .  166 

Conferences, 184 

Debate,  Order  in,         .        .--.;•    '•:•..,.••"<        .        .  156 

Errors,  Way  to  Amend,    .         .        .         •     ,  »  « > .  ?  ;  .-.      .  166 

Felony,  Mode  of  Proceeding  on  Charge  of, 149 

Gallery,  Committee  cannot  Punish  for  disorder  in,    .         .        .  166 

House,  Division  of  the, 179 

"       Orders  of  the, 169 

Impeachment, 190 

Journals, 187 

Longest  Time  Question  first  put, 171 

Messages, 185 

Motions,  Respecting, 161 

Order,            "                   ^     . '      .        .  165 

Papers,  Orders  Respecting,         .......  156 

Petitions, 160 

Privilege 148 

Questions,  Privileged,      ........  168 

Previous,            ........  172 

Division,        ........  176 

Co-existing,        ........  176 

Equivalent,     .        ...        .        •        .        .        .  177 

Putting  the,       ....        i        ...  178 

Quorum,  .        .        .        . '  .  150 

Reconsideration, 181 

Resolutions,  Respecting, 161 

Rules,  Importance  of  Adhering  to, 147 

Session,  Respecting  a,      .     "   .        .        .        .        .        .         .  188 

Speaker,        '«        ««         *-.    • 161 

Title,              "the, 181 

Treatise,        ««                      189 

Vote,  Cannot  till  sworn, 14S 

Witnesses,  Examination  of,           .......  154 

~~17  N 


EXTRACT  OF  A  LETTER  FROM  EX-GOVERNOR  W.  G.  D.  WORTHINGTON. 

I  HAVE  examined  "  BURLEIGH'S  LEGISLATIVE  GUIDE,"  and  find,  as  its 
name  implies,  that  it  is  indispensable  for  every  legislator  who  desires 
to  establish  a  uniform  system  of  rules  for  conducting  public  business 
throughout  the  United  States.  In  my  humble  judgment,  every  State 
Legislature  will  immediately  adopt  it  as  their  standard  as  soon  as  the 
merits  of  the  work  can  be  known. 

W.  G.  D.  WORTHINGTON. 


I  AM  convinced  that  the  "  LEGISLATIVE  GUIDE"  will  prove  a  valuable 
text-book  for  collegiate  students,  and  will  use  it  as  such  at  St.  Timo- 
thy's Hall,  believing  that  every  young  American  ought  to  be  acquainted 
with  the  routine  of  order  appropriate  to  legislative  assemblies. 

L.  VAN  BOHKELEN,  Rector. 

St.  TIMOTHY'S  HALL,  Catonsville,  Md.,  Feb.  26,  1852. 


Ex.  of  Letter  from  Hon.  J.  C.  Legrand,  Ch.  Justice  Court  of  Appeals,  Md. 

BALTIMORE,  Feb.  9,  1852. 

THE  plan  of  the  Legislative  Guide  enables  the  student  or  legislator 
to  discover,  with  facility,  the  rule  and  reason  for  it,  in  each  particular 
instance,  and  must,  therefore,  be  of  great  value  to  legislative  and  other 
deliberative  bodies.  JNO.  CARROLL  LEGRAND. 


At  a  meeting  of  the  School  Commissioners  of  Baltimore  held  Feb.  10, 
1852,  the  following  resolutions  were  UNANIMOUSLY  adopted :  Resolved, 
That  the  American  Manual ; — that  the  Thinker ; — that  the  Practical 
Spelling  Book  by  Joseph  Bartlett  Burleigh,  LL.  D.,  be  introduced  into 
the  Public  Schools  of  Baltimore. 

J.  W.  TILYARD,  Clerk  Com.  Pub.  Sch.  Balto. 


At  a  meeting  of  the  Controllers  of  Public  Schools,  First  District  of 
Pennsylvania,  held  at  the  Controllers'  Chamber,  on  Tuesday,  December 
10th,  1850,  the  following  resolution  was  adopted : — 

Resolved,  That  the  American  Manual,  by  Joseph  Bartlett  Burleigh, 
be  introduced  as  a  class-book  into  the  Grammar  Schools  of  this  District. 

ROBERT  J.  HEMPHILL,  Sec. 


PHILADELPHIA,  Nov.  13, 1851. 

At  a  meeting  of  the  Controllers  of  Publfc  Schools,  First  District  of 
Pennsylvania,  held  on  Tuesday,  Nov.  llth,  1851,  the  following  resolu- 
tion was  adopted : 

Resolved,  That  the  "Thinker,"  by  Joseph  Bartlett  Burleigh,  be  intro- 
duced as  a  class-book  into  the  Public  Schools  of  this  District. 

ROBERT  J.    HEMPHILL,  Sec. 

(194) 


THE  CITIZENS'  MANUAL, 


C".NTAIM_\<1 


A  FORM  FOR  ORGANIZING 


LITERARY  AND  DEBATING  SOCIETIES. 


A  CONCISE  8T3TEX   OF  UNIFORM    RULES    OF  ORDER,   FOUNDED    ON    THE    REGULATIONS  FOR  OON- 
DUUTINO  BUSINESS  IN  THE 


IIOUSE  OF  REPRESENTATIVES   OF   THE   U.    S., 


TO  SECURE  THE  UNIFORMITY  AND  DISPATCH  OF  BUSINESS  IN  ALL  SOCIETIES, 

AND  SECULAR  MEETINGS,  AND  IN  ALL  RELIGIOUS,  POLITICAL 

AND  LEGISLATIVE  ASSEMBLIES, 


MARGINAL   REFERENCES   TO   THE   CORRESPONDING    ORDER    OF  CONGRESS 

FROM    WHICH   THE  RULE    IS   DERIVED,  A  SYNOPSIS  OF  THE   BRITISH 

CONSTITUTION,    VALUABLE   STATISTICAL   TABLES,    THE   CENSUS 

OF    1850,    AND    A    COMPLETE    INDEX. 


EXTRACTS    FROM    THE    OPINIONS    OF    EMINENT    MEN. 

The  Legislative  Guide  deserves  to  be  called  the  politician's  and  legislator's  vade  mecum. — Edi- 
tor of  Boston  Evening  Traveller. 

The  Legislative  Guide  is  the  most  complete  work  of  the  kind  that  we  have  yet  seen. — Editor 
of  Boston  Courier. 

Altogether  it  is  the  most  complete  and  satisfactory  book  on  the  varied  hut  kindred  subjects  on 
which  it  treats,  that  has  issued  from  ttie  American  press. — Editor  of  Baltimore  1'alriot. 

The  Legislative  Guide  is  the  most,  complete  compendium  of  information  upon  the  subject  that 
has  ever  been  published.— Editor  of  Philadelphia  City  Item. 

From  the  lion.  George  M.  Dallas,  late  President  of  the  U.  S.  Senate. — I  have  read  with  very  great 
satisfaction  the  Legislative  Guide  It  is  admirably  adapted  for  popular  use,  and  cannot  fail,  in  a 
country  like  ours,  winch  is  crowded  in  all  its  parts  with  deliberative  bodies,  either  prescribed  by 
law,  or  suddenly  and  spontaneously  convening;,  to  be  a  most  convenient  Guide  for  the  orderly 
transaction  of  public  business.  It  merits,  and  1  hope  will  receive,  extensive  diffusion  and. 
adoption. 

From  Millard  Fillmorr.  President  of  the  United  States  — It  will  prove  a  valuable  book  for  refer- 
ence, not  only  to  public  men,  but.  to  all  who  may  be  called  upon  to  take  part  in  deliberative  assem- 
blies.— Washington,  May  17th,  1852. 

From  the  Hon.  Eli  K.  Price. — 1  think  the  Legislative  Guide  a  book  that  cannot  be  too  generally 
diffused. 

The  Legislative  Guide  ought  to  accompany  the  Bible  and  the  Almanac,  and  be  owned  by  every 
family  throughout  the  land. — Editor  of  Richmond  (  Va.)  'Whig. 

The  Legislative  Guide  contains,  in  one  volume,  a  mass  of  information  which  could  not  hereto- 
fore be  obtained  without  referring  and  re-referring  to  many  volumes.  The  precision,  perspicuity 
and  accuracy  of  the  Guide,  must  soon  make  it  a  standard  for  all  deliberative  and  legislative 
bodies. — Editor  of  Richmond  (  Va.)  Enquirer. 

This  book  contains  in  one  volume  a  mass  of  information  which  could  not  before  be  obtained 
without  examining  many  volumes.  It  contains  the  best  edition  of  Jefferson's  Manual  ever  pub- 
lished; the  English  authority  is  compactly  arranged  by  itself;  the  foreign  phrases  translated,  and 
rttference  made  on  each  page  to  the  portion  from  which  rules  have  been  deduced  by  Congress. 
It  also  contains  a  form  for  organizing  literary  and  debating  societies,  outlines  for  young  debaters, 
and  much  other  original  matter,  not  to  be  found  in  any  other  work.  No  library  should  be  with- 
out the  Legislative  Guide,  or,  as  we  would  call  it,  the  freeman's  vade  mecum, — Editor  of  Bal- 
timore Republican. 

All  the  rules  are  arranged  in  a  practical  manner  and  a  perspicuous  style. — Editor  of  Bolt.  Sun. 

We,  the  undersigned,  teachers  in  the  Public  Schools  of  Pittsburg,  have  used  Burleigh's  Amen" 
can  Manual  with  great  satisfaction  and  delight.  The  plan  of  the  work  is  in  all  respects  judi- 
cious. The  marginal  exercises  are  a  novel  and  original  feature,  and  are  arranged  with  great 
accuracy  and  discrimination.  Their  use  not  only  excites  the  liveliest  interest  among  the  pupils, 
but  produces  great,  salutary,  and  lasting  effects,  in  arousing  the  mental  powers,  and  leading  the 
scholars  constantly  to  investigate,  reason,  and  judge  for  themselves.  The  Manual  is  elegantly 
written,  and  must  have  the  effect  to  give  a  taste  to  what  is  pure  and  lofty  in  the  English  lan- 
guage. Signed  by  B.  M.  KERR,  J.  WH1TTIEK, 
and  twenty-three  other  principals  of  Public  Schools  in  Pennsylvania. 

From  the  Fredericksbnrg,  Va .  Herald.  The  American  Manual  possesses  a  kind  of  railroad 
facility  in  arousing  the  minds  of  youth ;  no  one  who  is  entrusted  with  the  education  of  the  rising 
generation  should  be  ignorant  of  its  contents,  or  a  stranger  to  its  thorough  and  efficient  mode  of 
imparting  knowledge.  It  contains  a  condensed,  Incid,  exact,  and  comprehensive  view  of  our 
social  and  political  institutions,  and  ought  to  be  in  every  family. 

From  Hon.  Wm.  Roberts,  President  of  the  Bd  Pub.  Sch.  Com.  of  Princess  Ann  Co.,  Virginia.— 
I  consider  the  American  Manual  the  best  book  for  training  the  young  mind,  in  the  earlier 
stages  of  its  education,  I  have  ever  seen. 

ExtraH  of  a  Letter  from  Alexandtr  Campbell,  D.  D.,  LL.  D ,  President  of  Bethany  College,  Vir- 
ginia.— The  American  Manual  is  an  admirable  text-book  for  teacher  and  pupil,  on  the  various 
important  subjects  so  essential  to  the  American  scholar  and  statesman. 

Extract  of  a  letter  from  Hon.  B.  Everett  Smith.  —  I  doubt  whether  the  ingenuity  of  man  can 
ever  dovise  a  work  letter  adapted  to  the  purpose  avowed  by  the  author.  I  arose  from  the  peru- 
sal of  the  American  Manual,  more  deeply  impressed  than  ever  with  my  responsibility  as  a  citizen, 
and  with  the  absolute  necessity  of  fostering  sound  virtue  and  political  morality. 

Extract  of  a  Letter  from  Hon.  L.  G.  Edwards,  President  of  the  Board  of  Public  School  Commis- 
sioners for  Norfolk  County.  Virginia — I  consider  the  American  Manual  a  desideratum  which  had 
not  before  been  supplied,  and  respectfully  recommend  that  it  be  used  generally  in  every  District 
School  in  this  county. 

At  a  meeting  of  the  Controllers  of  Public  Schools,  First  District  of  Pennsylvania,  held  on  Tues- 
day, Nov.  llth,  1851,  the  following  resolution  was  adopted  : — Resolved,  That  Ihe  "Thinker,"  by 
Joseph  13arllett  Burleigh,  be  introduced  as  a  class-book  into  the  Public  Schools  of  this  District. 

ROBERT  J.  HEMPH1LL,  Sec. 

At  a  meeting  of  the  Board  of  School  Commissioners  for  the  city  of  Baltimore,  held  on  Tues- 
day, lUtli  February,  1852,  the  following  resolution  was  unanimously  adopted  : — Resolved,  That  t lie 
"Thinker."  by  Joseph  Bartlett  Burleigh, LL.  D.,  be  introduced  as  a  class-book  into  the  Public 
Schools  of  Baltimore. 

J.  W.  TILYARD,  Clerk  Com  of  Pub.  Schools,  Baltimore. 

(196) 


PREFACE. 


THB  right  way  of  conducting  the  business  of  any  meeting  or 
society,  by  applying  the  proper  rules,  is  exceedingly  simple  and 
easy  to  understand. 

All  rules  of  order,  from  the  humblest  juvenile  association  to  the 
highest  legislative  assembly,  should  have  for  their  basis  the  same 
system,  wisely  arranged  in  order  to  secure  accuracy  in  business, 
economy  of  time,  method,  consistency,  and  equity. 

The  Legislative  proceedings  of  a  monarchy  frequently  have  a 
tendency  to  exalt  the  few,  by  depressing  the  many.  As  the  laws 
enacted  by  Parliament  are  not  the  most  congenial  to  the  best  inter- 
ests of  a  Republic,  so  neither  is  the  voluminous  and  complicated 
system  of  rules,  which  best  subserve  the  interests  of  a  kingly  legisla- 
ture, the  most  suitable  for  an  assembly  of  freemen,  where  all  have 
equal  rights  and  equal  claims. 

The  design  of  this  work  is  to  establish  a  uniform  standard  of 
rules,  deduced  from  the  regulations  of  the  most  exalted  deliberative 
body  of  the  world,  for  the  management  of  public  meetings,  of  every 
kind,  throughout  the  Union. 

[  |  ]  The  rules  of  Congress,  like  all  other  human  productions,  are 
not  perfect,  but  they  have  been  gradually  formed,  with  the  utmost 
care,  to  suit  the  genius  of  our  republican  institutions.  Some  of  the 
most  learned  and  patriotic  of  the  present  and  the  past  age  have,  for 
a  series  of  years,  practically  tested  the  working  of  each  rule  through 
every  phase  of  legislation.  Hence  if  any  forms  can  command  universal 
respect  and  confidence  it  must  be  those  for  conducting  business  in 
the  Congress  of  the  United  States. 

[  $  ]  The  American  people  are  pre-eminently  remarkable  for  asso- 
ciations and  societies  of  every  description,  the  object  of  which  is  to 
promote  improvement  in  our  social  relations,  in  benevolence,  in 
government,  in  literature,  and  in  piety.  Nothing  contributes  so 
much  to  the  respectability,  dignity,  and  usefulness  of  these  various 
convocations,  as  a  regular,  uniform,  orderly,  and  methodical  mode 
of  conducting  business. 

17*  (197) 


198 


PREFACE. 


A  general  knowledge  of  proper  legislative  rules  always  tends  to 
economize  time,  secure  the  dispatch  of  business,  and  harmonize  all 
the  proceedings.  Nothing  is  hazarded  in  the  assertion,  that  for  the 
want  of  the  timely  enforcement  of  correct  uniform  rules  of  order 
hatred  has  been  engendered,  philanthropic  movements  defeated, 
and  the  welfare  of  the  majority  sacrificed  to  aggrandize  the  few. 

"  Knowledge  is  power" — hence  the  necessity  for  its  general  diffu- 
sion. The  nature  of  our  unequalled  social  and  political  institutions 
presupposes  that  every  citizen  takes  a  part  in  deliberative  meetings 
of  some  kind.  Whether  it  be  in  the  school  boy's  debating  club  or 
the  collegian's  society,  the  poor  man's  beneficial  association  or 
the  banker's  corporation,  the  small  meeting  at  the  rustic  school- 
house,  or  the  vast  assemblage  at  the  national  capitol,  a  mite 
society  or  the  highest  ecclesiastical  convention,  the  knowledge  of  a 
correct  uniform  mode  of  conducting  business  contributes,  in  the 
highest  degree,  to  success. 

[  \  ]  The  rules  here  laid  down  may,  by  the  marginal  references,  be 
traced  to  those  of  Congress,  or  to  the  Constitution  of  the  United 
States. 

[  §  ]  To  restore  confidence  when  doubt  prevails,  to  bestow  sys- 
tem when  anarchy  rules,  to  give  uniformity  and  accuracy  in  doing 
every  kind  of  public  business  by  assembled  citizens,  to  economize 
time  and  promote  the  dignity  of  legislation  in  every  part  of  our 
confederacy,  is  the  object  of  the  Citizens' Manual. 

[  \  ]  As  its  name  purports,  it  is  designed  for  the  use  of  every 
citizen,  and  should  be  owned  and  read  by  every  one  who  feels  an 
interest  in  sustaining  the  dignity  of  our  social  compact,  in  dissemi- 
nating the  blessings  of  liberty  in  other  countries,  and  in  transmitting 
the  inestimable  privileges  of  a  Republican  Government  to  future 
generations. 

The  author  is  indebted  to  Gen,  Packer,  late  Speaker  of  the  House  of 
Representatives  of  Pennsylvania,  for  valuable  suggestions,  the  sub- 
stance of  which  are  embodied  in  this  edition  of  the  Legislative  Guide. 


INTRODUCTION, 


IN  the  United  States  all  power  is  vested  in  the 
hands  of  the  people.  Every  citizen  exerts  a 
primary  influence  that  either  tends  to  destroy  or 
perpetuate  our  social  and  political  institutions. 
It  is  universally  conceded  that  general  intelli- 
gence and  sound  morality  are  indispensable  safe- 
guards, without  which  every  Republic  must  be 
ruined.  Europe  sends  to  our  shores,  on  an  aver- 
age, more  than  a  thousand  inhabitants  for  each 
and  every  day  in  every  year. 

[§]  A  large  majority,  of  this  down  trodden 
population,  have  arrived  at  years  of  maturity 
without  any  correct  knowledge  of  a  Republican 
government.  Being  neither  able  to  read  nor 
write,  they  seem  to  have  no  other  idea  of  liberty 
than  that  of  unrestrained  licentiousness. 

[§]  Hence  they  plunge  into  all  manner  of  vice 
and  dissipation,  and  hence  the  poor  houses  and 
prisons  of  all  our  atlantic  cities  are  filled,  with  more 
than  two  to  one,  of  this  class.  Ragged  and  dis- 
sipated, having  none  to  enlighten  them,  they  soon 
grow  more  callous,  and  become  the  sappers  instead 
of  the  supporters  of  our  glorious  institutions. 

[§]  The  quickest,  the   most  effective  way  to 

(199) 


200  *      INTRODUCTION. 


promote  a  universal  love  for  knowledge  and  pure 
morality,  is  by  enlisting  all  the  people  into  social 
meetings  for  mental  and  moral  culture,  by  forming 
various  debating,  beneficial,  literary,  and  religious 
societies,  each  of  which,  in  its  proper  sphere,  tends 
to  engender  a  spirit  of  inquiry  and  a  deeire  for  ra- 
tional pursuits. 

[§]  Social  elevation  should  occupy  the  leisure 
of  the  whole  community,  and  thereby  impart  a 
relish  for  useful  vocations  and  the  true  enjoyments 
of  life. 

[§]  The  bitter  fruits  of  monarchy,  sent  us  in 
the  shape  of  adult  pauper  population,  must  be 
sweetened  and  rendered  serviceable  by  societies 
for  general  improvement,  or  they  will  endanger 
the  very  existence  of  our  social  fabric. 

[§]  Let  a  proper  literary  spirit  pervade  the 
land,  and  on  all  haunts  of  dissipation,  jails,  and 
prisons,  may  be  written,  "  To  let." 

[§]  The  human  mind  must  have  employment. 
The  minister,  the  lawyer,  the  physician,  the 
school-master,  the  merchant,  the  mechanic,  the 
farmer,  and  the  best  educated,  should  either  take 
th,e  lead  or  an  active  part  in  forming  and  sus- 
taining debating,  literary,  and  other  ennobling 
societies. 

[§]  By  this  means  the  minds  of  all  may  be 
aroused  to  the  paramount  importance  of  mental 
culture  and  rational  improvement.  Vast  multi- 
tudes may  thus  be  saved  who  otherwise  would 
annually  become  the  new  supporters  of  the  haunts 


INTRODUCTION.  201 


of  iniquity,  and  in  rotation  ruin  their  health, 
blast  their  character,  and  sink  into  premature  and 
ignoble  graves. 

[§]  But  the  real  benefits  of  debating  and  other 
societies  are  not  confined  to  the  illiterate  alone,  for 
the  rich  harvest  is  enjoyed  by  all. 

[§]  To  say  nothing  of  the  literati  of  the  old  world 
whose  writings  and  whose  deeds  are  as  imperisha- 
ble as  the  history  of  civilization,  there  have  been 
multitudes  of  eminent  men  in  the  United  States, 
who,  but  for  the  literary  society,  might  have  lived 
useless  lives  and,  unhonored,  died  in  obscurity. 

[§]  Clay  commenced  his  career  at  a  village  so- 
ciety, and  Franklin  formed  a  debating  club  of  two 
associates.^ 

[§]  As  the  sculptor  turns  the  roughest  marble 
into  speaking  beauty,  and  as  the  lapidary  trans- 
forms the  most  insignificant  pebble  into  the  bril- 
liant diamond,  so  does  the  literary  society  disclose 
the  inherent  beauties  and  powers  of  the  mind,  by 
bringing  to  the  service  of  man  and  to  the  glory  of 
GOD  genius  and  talent  that  otherwise  might  have 
existed  only  to  breed  wickedness  and  misery. 

[§]  To  forward  the  vital  object  of  mental  illu- 
mination and  moral  culture,  a  brief  form  has  been 
given  in  this  Manual  for  establishing  societies  for 
social  and  general  improvement.  This  form  is  so 
simple  and  easy  to  be  understood,  that  all  who 
read  intelligibly  can  comprehend  it. 

[§]  An  outline  has  also  been  added  for  con- 
ducting discussions  and  preparing  lectures,  and  it 


202 


DIRECTIONS    FOB,  FORMING   SOCIETIES. 


is  to  be  hoped  that  every  intelligent  citizen  will 
take  a  deep  and  an  abiding  interest  in  promoting 
societies  for  the  general  diffusion  of  knowledge. 

[§]  It  is  believed  that  any  person  of  common 
intelligence,  by  studying  this  book,  may  make 
himself  not  only  competent  to  take  part  in  any 
society,  but  also  to  preside  over  its  deliberations, 
and  determine  questions  of  order  with  ease  and 
accuracy. 

[§]  No  one  can  reasonably  bring  forward  the 
plea  that  it  is  not  necessary  for  him  to  understand 
legislative  rules,  from  the  fact  that  he  never 
intends  to  preside  at  any  meeting,  for  those  who 
are  ignorant  of  these  forms  yield  much  power  into 
the  hands  of  those  who  know  them. 

[§]  An  adroit  presiding  officer  often  has  it  in 
his  power  to  control  the  action  of  vast  assemblies, 
who  are  ignorant  of  the  right  rules  for  conducting 
public  business. 

[§]  Hence,  to  guard  against  official  encroach- 
ment, as  well  as  against  the  combination  of  a  few 
well  informed  members,  it  becomes  the  duty  of  all 
to  know  the  proper  way  of  proceeding  in  delibera- 
tive assemblies. 

DIRECTIONS  FOR  FORMING   SOCIETIES. 

[§]  If  you  wish  ,the  advantages  of  a  Literary 
Society,  in  your  village  or  town,  either  for  your 
own  or  other's  benefit,  call  on  your  neighbours, 
propose  the  subject,  state  the  objects  of  such  a 
society,  and  obtain  as  many  as  you  can  to  co- 


DIRECTIONS  FOR  FORMING  SOCIETIES.  203 


operate  with  you  in  this  noble  work.  Get  a  few 
of  the  most  influential  citizens  to  call  a  meeting  to 
organize  a  society — either  state  to  the  audience 
the  importance  of  such  an  institution,  or  prevail 
on  a  clergyman,  or  some  other  influential  indi- 
vidual, to  do  it.  Secure  a  committee  to  draft  a 
constitution,  or  have  one  already  prepared. 

[§]  Be  not  discouraged,  if  but  few  attend  the 
meeting  or  co-operate  with  you.  "  The  most  effi- 
cient literary  society  of  the  world  had  its  origin 
with  two  individuals,  who  by  accident  met  at  a 
hotel  in  London,  and  in  conversation  on  the  de- 
plorable ignorance  of  the  great  mass  of  the  people, 
one  proposed  to  the  other  the  formation  of  a  society 
that  would  have  a  direct  influence  in  the  diffusion 
of  useful  knowledge,  to  which  the  other  heartily 
assented. 

[§]  They  made  arrangements,  and  advertised  a 
meeting  for  the  purpose  of  organizing  a  society, 
but  no  one  attended  with  them;  one  appointed 
the  other  president,  and  he  in  turn  his  associate 
secretary — they  discussed  and  passed  resolutions, 
which  were  published  in  the  papers,  with  the 
statement  that  they  were  passed  at  a  respectable 
meeting  called  for  the  purpose  of  forming  a  society 
for  the  diffusion  of  useful  knowledge,  and  that 
another  meeting  would  be  held  at  such  a  time, 
which  was  attended  by  a  large  audience  of  the 
wealthy  and  influential,  not  only  of  London,  but 
from  many  parts  of  the  British  empire ;  and  since 
then  the  society  has,  with  constantly  increasing 


204 


PRELIMINARY  OBSERVATIONS. 


energy,  been  scattering  light,  knowledge,  and  innu- 
merable blessings  over  the  civilized  world."* 

PRELIMINARY  OBSERVATIONS. 

§  1 .  Both  Houses  of  Congress  precede  the  business 
of  each  day  with  Prayer  .•}•  This  righteous  example 
was  set  by  the  founders  of  our  Government,  and  is 
commended  to  all  deliberative  bodies  and  associa- 
tions of  whatever  name  or  character ;  for  no  un- 
dertaking can  ever  attain  permanent  usefulness 
without  the  approval  and  the  blessing  of  the  Most 
High. 

§  2.  Every  meeting  should  be  opened  precisely  at 
the  time  appointed.  The  presiding  officer  on  taking 
the  CHAIR  should  at  once  call  the  meeting  to  order.  J 
His  first  duty  is  to  ascertain  if  a  quorum  be  present. 
This  he  may  do,  by  either  counting,  or  requiring 
the  secretary  to  call  over,  the  names  of  those 
assembled. 

MANNER   OF  ORGANIZING. 

§  1.  No  business  can  be  legally  transacted  without 
a  quorum.  Hence  the  president  should  not  continue 


*  Wright's  Casket. 

f  Each  House  elects  its  own  chaplain  at  the  beginning  of  every 
session.  The  chaplains  usually  belong  to  different  denominations,  and 
alternate  with  each  other  i.  c.,  A  officiates  in  the  Senate  and  B  in  the 
House  of  Representatives  on  Monday ;  but  on  Tuesday  B  conducts  the 
religious  exercises  of  the  Senate,  and  A  those  of  the  House  of  Repre- 
sentatives. 

J  In  case  the  members  are  engaged  in  conversation,  &c.,  this  is  done 
by  rapping  on  the  desk  or  table,  and  saying  the  meeting  will  please  come 
to  order. 


PRELIMINARY    OBSERVATIONS. 


205 


to  occupy  his  seat  unless  that  number  be  present. 
When,  any  time  after  the  meeting  is  opened,  a 
member  suspects  that  a  quorum  is  wanting,  he 
may  call  for  the  body  to  be  counted.  A  deficiency 
being  found  business  should,  at  once,  be  suspended. 

§  2.  Should  there  not  be  a  quorum  it  is  usual  to 
wait  half  an  hour  and  then  adjourn,  provided  a 
legal  number,  for  transacting  business,  cannot  be 
convened.  The  adjournment  when  there  is  less 
than  a  quorum  must,  of  course,  be  to  the  next 
regular  time  for  assembling ;  but  a  special  meeting 
may  be  called  whenever  occasion  requires. 

§  3.  When  the  clerk*  calls  the  roll  each  mem- 
ber should  rise  as  his  name  is  called  and  answer. 
Absentees  should  be  noted,  and  their  names  called 
a  second  time,  when  excuses  may  be  heard. 

§  4.  The  members  rise  that  they  may  be  re- 
cognized ;  this  rule,  however,  need  not  be  enforced 
in  small  bodies,  nor  in  large  ones  where  the 
members  are  presumed  to  be  well  acquainted. 

§  5.  The  main  object  is  to  facilitate  acquaint- 
anceship at  anniversaries,  conferences,  and  con- 
ventions, where  various  sections  of  the  Union  are 
represented. 

§  6.  No  member  of  a  legislative  body  should 
absent  himself  from  its  meetings  without  leave.f 


•  Or  secretary,  as  the  case  may  be. 

f  When  any  member  wishes  to  be  absent  for  a  few  days  he  should 

rise  and  say,  Mr.  President  I  ask  leave  of  absence  for days  from 

to-day.  Or  in  case  a  member  happens  to  be  unexpectedly  detained  from 
the  assembly,  he  may  obtain  leave  of  absence  through  the  agency  of 
any  other  member. 


18 


206 


PRELIMINARY    OBSERVATIONS. 


A  less  number  than  a  quorum  may  send  for  any  or 
all  the  absent  members.  This  rule  applies  to  the 
first  and  every  subsequent  meeting. 

THE  PRESIDING   OFFICER.* 

§  1.  The  speaker)-  of  the  House  of  Representa- 
tives of  the  United  States  is  usually  elected  in  the 
following  way :  On  the  day  appointed  for  the 
meeting  of  Congress,  the  representatives  assemble 
in  their  hall  at  12  M.  The  clerk  of  the  last 
House  opens  the  session  by  calling  the  names  of 
the  members  by  states  and  territories. 

§  2.  A  quorum  being  present,  the  clerk  names, 
with  the  permission  of  the  House,  two  or  more 
members  to  act  as  tellers,  making  the  selection 


*  The  presiding  officer  of  the  Upper  House  of  Legislatures,  of  Lite- 
rary Societies,  of  Bank  Directors,  of  Colleges,  and  of  Rail-Road  Com- 
panies, and  in  fact  all  other  corporations,  is  usually  styled  the  PRESI- 
DENT ;  of  a  Religious  Convention,  or  a  town  meeting,  a  MODERATOR  ; 
of  the  Lower  House  of  Legislatures,  a  SPEAKER  ;  of  a  called  meeting 
or  of  a  Committee,  CHAIRMAN  ;  of  a  Medical  Faculty,  DEAN.  By 
giving  the  following  form  for  electing  Presiding  officers,  it  is  not 
proposed  to  change  their  title  in  any  way,  but  only  to  secure  uniformity 
in  electing  them  by  ballot,  throughout  the  country.  It  should  also  be 
understood  that  the  rule  laid  down  above  has  reference  solely  to  pre- 
siding officers  who  are  elective,  and  does  not  apply  to  corporations  and 
societies  which  provide  for  a  chairman  without  election ;  in  some  associa- 
tions, and  especially  in  ecclesiastical  conventions,  provision  is  made 
that  the  senior  member  shall  be  the  President,  i.  e.  the  one  who  has 
been  longest  a  member  of  the  association  ;  not  the  one  who  has  attained 
the  greatest  age,  unless  he  also  happens  to  be  the  oldest  member.  The 
Rules,  however,  which  follow  should  be  binding,  alike,  on  all  Presiding 
officers.  They  are  based  on  those  of  Congress,  and  unless  they  are,  in  the 
main,  complied  with,  all  hope  of  uniformity  and  regularity  in  con- 
ducting Legislative  business  throughout  the  Union  must  be  abandoned. 

f  For  President  of  the  Senate  see  Art.  I.  Sec.  3,  page  9  Const.  U.  S. 


PRELIMINARY   OBSERVATIONS. 


from  each  of  the  prominent  political  parties.  Then 
the  members  present  proceed  to  elect,  by  ballot, 
their  Speaker. 

§  3.  It  is  the  duty  of  the  tellers  to  announce 
distinctly  the  names  of  each  of  the  members  re- 
ceiving votes,  so  that  all  may  count  the  ballots  for 
the  several  candidates,  and  thereby  the  better 
guard  against  any  oversight  or  error. 

§  4.  The  Speaker*  is  required  to  have  a  majority 
of  all  the  votes  given,  and  is  seldom  elected  on  the 
first  balloting,  unless  the  dominant  party  has 
previously  held  a  caucus,^  and  even  then  the 
nominated  candidate  is  liable  to  be  defeated  by 
the  running  of  other  members,  J  or  by  the  coalition 
of  minorities. 


*  In  case  of  a  removal,  death,  resignation,  or  inability  both  of  the 
President  and  Vice-President  of  the  United  States,  the  President  of  the 
Senate  pro  tempore,  and,  in  case  there  shall  be  no  President  of  the 
Senate,  then  the  SPEAKER  OF  THE  HOCSE  OF  REPRESENTATIVES,  for  the 
time  being,  shall  act  as  President  of  the  United  States  until  the  disa- 
bility be  removed  or  a  President  shall  be  elected.  Act  of  Congress, 
March  1st,  1792.  See  also  Art.  II.  Const.  U.  S.,  Sec.  1.  The  Speaker 
receives  sixteen  dollars  per  day,  appoints  all  committees  not  elected  by 
ballot ;  he  has  power  to  call  any  member  to  the  chair,  and  many  other 
minor  prerogatives  which  enable  him  to  hold  a  commanding  position 
and  gain  the  courtesy  of  his  associates.  The  Speaker  of  the  House  of 
Commons  receives  a  salary  and  other  perquisites  equhdlent  to  about 
forty  thousand  dollars  per  year. 

f  A  meeting  to  agree  on  a  party  candidate. 

J  The  XXXI.  Congress  convened  on  Monday  the  3d  day  of  Dec.  1849. 
The  members  proceeded  at  once  to  vote  for  their  Speaker.  After  sixty- 
two  ineffectual  ballotings,  the  Rule  requiring  the  Speaker  to  receive  a 
majority  of  all  the  votes  polled  was  suspended  and  a  plurality  only  re- 
4 uired.  The  Hon.  Howell  Cobb  was  elected  Speaker  on  the  sixty-third 
trial,  Dec.  23d,  1849.  The  whole  number  of  votes  polled  was  222,  and 
distributed  among  ten  members  in  the  following  order :  for  Howell  Cobb, 
102;  R.  C.  Winthrop,  100;  David  Wilmot,  8;  C.  S.  Morehead,  4; 


FORM   OP   ORGANIZATION   IN   A   STATE   LEGISLATURE. 


§  5.  When  a  member  has  received  a  majority 
of  all  the  votes  given,  or  in  case  the  rule  is  sus- 
pended, a  plurality,  the  clerk  proclaims  him 
SPEAKER.  Then  he  is  customarily  conducted  to 
his  seat  by  two  of  the  most  venerable  members, 
takes  the  oath  of  office*  and  delivers  a  brief  in- 
augural address.  The  remaining  members  are 
then  qualified,  and  the  clerk,  sergeant-at-arms, 
door-keeper,  and  other  officers  elected. 

§  6.  When  the  House  is  duly  organized  a  message 
is  sent  to  the  Senate  announcing  the  same.  The 
first  business  of  each  house  is  usually  to  appoint  a 
joint  committee  to  wait  on  the  President  of  the 
U.  S.  and  inform  him  that  Congress  is  ready  to 
receive  any  communication  he  may  be  pleased  to 
make. 

FORM   OF    ORGANIZATION  IN  A    STATE    LEGISLATURE.f 

By  the  House  of  Representatives,  1 
Jan.  — ,  185-.      j 
Gentlemen  of  the  Senate : 

The  House  of  Representatives  is  ready  to  pro- 
ceed with  the  business  of  the  session.  We  have 
chosen Speaker,  and Clerk. 


By  order, 


Clerk. 


Wm.  Strong,  3 ;  A.  H.  Stephens,  1 ;  Wm.  F.  Colcock,  1 ;  Chas.  Dur- 
kee,  1 ;  E.  D.  Potter,  1 ;  Linn  Boyd,  1. 

*  By  an  act  of  Congress,  June  1,  1798,  the  oath  of  office  may  be  ad- 
ministered by  any  member  of  the  House  of  Representatives  to  the 
SPEAKER  who,  after  taking  the  oath,  is  required  to  administer  the  pre- 
scribed oaths  to  all  the  other  members  who  have  not  taken  them,  and 
the  rest  of  the  officers  of  the  House. 

f  A  state  legislature  should  be  organized  on  the  plan  of  Congress 
given  in  the  preceding  pages. 


A  FORM  OF  ORGANIZATION  FOR  A  STATE  LEGISLATURE.  209 


By  the  House  of  Representatives, 
Jan.  —  185-. 

Gentlemen  of  the  Senate : 

We  propose,  with  your  concurrence,  to  appoint 
a  joint  committee  of  the  two  Houses  to  wait  upon 
his  Excellency  the  Governor,  and  inform  him  that 
the  legislature  is  organized  for  the  dispatch  of 
public  business,  and  ready  to  receive  any  commu- 
nication he  may  think  proper  to  make.  Messrs. 

are  appointed  on  the  part  of  this  House. 

By  order, 

J.  N.,  Clerk. 

By  the  Senate, 
Jan.  — ,  185-. 

Gentlemen  of  the  House  of  Representatives : 
The  Senate  has  organized  and  elected  the  Hon. 

,  President,  and ,  Secretary. 

We  are  prepared  to  proceed  with  the  business  of 
the  session,  and  propose  to  sit  from  10  o'clock, 
A.  M.  until  —  o'clock,  P.  M. 
By  order, 

C.  B.,  Secretary.- 

By  the  Senate, 
Jan.  — ,  18  5-. 

The  Senate  has  appointed  Messrs. — ,  a  committee 
to  join  the  committee  you  have  appointed*  to 
inform  his  Excellency  the  Governor,  of  the  organi- 


*  Or  the  Senate  may  organize  first,  and  use  the  preceding  form  of  the 
House  of  Representatives. 


18* 


210  A  FOEM  OP  ORGANIZATION  FOR  A  STATE  LEGISLATURE. 


Re.  22  Ho. 
Reps.  p.  72. 


zation  of  the  legislature,  and  that  we  are  ready  to 
receive  any  communication  he  may  desire  to  make. 
By  order, 

C.  B.,  Secretary. 

The  Clerk*  of  the  House  of  Representatives 
should,  within  the  first  week  of  a  session,  place  in 
the  hands  of  the  Speaker,  a  correct  list  of  the 
bills,  resolutions,  reports,  and  other  unfinished 
business  of  the  House,  referred  from  the  preceding 
to  the  succeeding  session. 

FORM   OF   MESSAGES. 

Gentlemen  of  the  Senate : 

We  respectfully  request  your  Hon.  Body  to  re- 
turn to  this  House  the  bill  entitled  an  act  to . 

Gentlemen  of  the  House  of  Representatives : 

We  hereby  return  to  your  Hon.  Body,  a  bill 
entitled  an  act 

FORM   PRECEDING  A  BILL. 

First  Form. 

The  people  of  the  State  of ,  represented  in 

House  of  Representatives  and  Senate,  do  enact  as 
follows : — 

Second  Form. 

Be  it  enacted  by  the  Legislature  of ,  that, 

&c. 


*  This  rule  also  applies  to  the  Senate  and  should  be  observed  by  the 
Secretary  thereof. 


MANNEE  OP  ELECTING   UNITED   STATES   SENATORS. 

By  the  House  of  Representatives,  1 
Jan.  — ,  185-.     J 
Gentlemen  of  the  Senate : 

We  propose,  with  the  concurrence  of  your  Hon- 
orable Body,  to  proceed,  on inst.,  at  12,  M., 

to  the  election  of  a  United  States  Senator  to  sup- 
ply the  place  of  the  Hon. ,  whose  time 

will  expire  on  the  4th  of  March,  18  5-.  We  have 
nominated,  on  the  part  of  this  House,  the  Hon. 
,  and  the  Hon. ,  and  ap- 
pointed Hon.  ,  Teller,  to  join  such 

gentleman  as  may  be  named  by  your  Honora- 
ble Body,  to  count  the  ballots  and  report  the 
result.  By  order,  J.  G.,  Clerk. 

By  the  Senate,  1 
Jan.  — ,  185-.      J 

Gentlemen  of  the  House  of  Representatives : 

We  have  received  your  message,  proposing  to  go 
into  an  election  of  United  States  Senator,  on  —  inst., 
and  concur  therein.  We  nominate  the  following 

persons :  the  Hon. and  the  Hon. . 

We  have   appointed  the  Hon. as 

Teller,  to  join  the  gentleman  named  by  your 
Honorable  Body,  to  count  the  ballots  and  report 
the  result.  By  order,  Wm.  B.,  Sec'y. 

§  1.  Whenever  any  legislature  is  apprised  of  a 
vacancy  in  the  representation  of  its  State  in  the 
Senate  of  the  United  States,  notice  may  be  given  for 
the  members  of  each  House  to  meet  in  the  Hall 
of  Representatives  at  a  certain  hour,  usually  12 
M.,  for  the  purpose  of  electing,  on  joint  ballot,  a 


211 


212  MANNER   OF  ELECTING   UNITED   STATES   SENATORS. 


Senator,  or  Senators,  as  the  case  may  be,  to  re- 
present the  State  in  the  Senate  of  the  United 
States. 

§  2.  Previous  to  the  day  of  meeting,  each  House 
should  appoint  a  teller,  and  nominate  the  candi- 
dates it  prefers,  and  communicate  to  the  other  the 
names  of  the  persons  nominated.*  At  the  hour 
of  meeting,  the  President  of  the  State  Senate,  and 
in  his  absence,  the  Speaker  of  the  House,  should 
preside. 

§  3.  A  candidate  must  have  a  majority  of  all 
the  votes  cast  to  be  elected,  hence  it  sometimes 
occurs  that  days  elapse  before  any  election  is 
effected. f  Whenever  any  person  receives  a  ma- 
jority of  all  the  votes  cast,  the  presiding  officer 
declares  him  elected  to  represent  the  State  in  the 
Senate  of  the  United  States,  and  announces  the 
time  for  which  he  should  serve. 

§  4.  After  the  election  it  is  usual  for  the  presi- 
ding officer,  in  the  presence  of  both  Houses,  to 
sign  three  certificates  of  election,  attested  by  the 
tellers,  one  of  which  should  be  forwarded  to  the 
person  elected,  one  to  the  President  of  the  Senate 
of  the  U.  S.,  and  the  other  should  be  preserved 
among  the  archives  of  the  court  of  the  county  in 
which  the  legislature  sits,  in  addition  to  which 
the  proceedings  should  be  entered  in  full  on  the 
journals  of  both  Houses. 


*  The  way  of  communication  is  usually  by  message. 


MANNER   CF   ENACTING   LAWS. 


213 


MANNER  OF   ENACTING  LAWS.* 

§  1.  Bills  for  raising  money  should  originate  in 
the  House  of  Representatives;  but  those  of  every 
other  kind  may  originate  in  either  House.  Bills, 
after  being  passed  by  one  branch,  may  be  re- 
jected in  the  other  by  a  majority  of  the  votes 
present. 

§  2.  When  a  bill  may  be  vetoed  by  a  Governor, 
it  should  become  a  law,  if  by  being  reconsidered, 
it  is  passed  by  two-thirds  of  the  votes  in  both 
Houses. 

§  3.  Every  bill,  before  it  becomes  a  law,  should 
be  examined  by  a  joint  committee,f  who  should 
carefully  compare  the  enrolled  with  the  engrossed 
bill,  and  see  that  the  name  of  the  House  in  which 
it  originated  is  written  on  its  back. 

§  4.  It  should  also  be  examined  and  signed  by 
both  the  Speaker  of  the  House  and  the  President 
of  the  Senate.J  After  which  the  committee  should 
present  it  to  the  Executive  for  his  signature. 


*  See  Bills  99,  100,  and  lOfst  page,  and  161st  to  the  168th  page. 
Also  the  178th  and  179th  page.  A  Bill  is  a  form  or  draft  of  a  law  pre- 
sented to  a  legislature,  but  not  enacted.  Laws  are  frequently  originated 
by  petitions,  the  usual  form  of  which  is  as  follows : 

To  the  Legislature  of 

To  the  Honorable  the  Senate  and  House  of  Representatives  of  the 

State  of  in  General  Assembly  convened  :  The  petition  of  the 

subscribers,  citizens  of county,  respectfully  showeth.  [Here  state 

the  subject.]  And  your  petitioners,  as  in  duty  bound,  will  ever 
pray,  &c. 

f  Usually  two  members  from  each  House. 

J  And  attested  by  the  Secretary  and  Clerk. 


NECESSITY   OP    METHOD. 


NECESSITY   OF   METHOD. 

•^ 

§  1.  In  associations  of  every  kind,  as  well  as  in 
all  legislative  bodies,  order,  regularity,  and  form, 
are  indispensable  to  the  attainment  of  the  greatest 
benefit,  with  the  least  expenditure. 

§  2.  Every  society  and  assembly  should  have 
prescribed  land-marks,  founded  on  reason  and 
sanctioned  by  experience,  in  order  to  secure  uni- 
versal confidence,  and  effectually  guard  the  rights 
of  all. 

§  3.  The  object  of  meetings  of  every  grade, 
should  be  to  obtain  a  clear,  full,  and  proper  ex- 
pression of  opinion  from  all  present.  Hence,  per- 
manent and  proper  rules  of  order  and  constitu- 
tions should  always  form  the  bond  of  union  and 
protection.* 

§  4.  In  this  way  can  the  wishes  and  the  in- 
terest of  the  majority  be  best  carried  out,  and  at 
the  same  time  the  rights  of  the  minority  shielded 
from  the  abuses  and  excesses  so  apt  to  be  exer- 
cised by  the  party  in  power. 

§  5.  No  printed  form  of  a  constitution  for  an 
association  can  be  given,  which,  under  every 
circums'tance,  will  precisely  suit  its  wants,  without 
addition  or  restriction. 

§  6.  But  it  is  believed  that  the  following  out- 
line, with  slight  additions,  or  alterations,  will  meet 
the  general  wants  of  all  literary  and  debating  so- 
cieties. 


*  In  societies,  and  temporary  or  called  meetings  of  every  kind,  the 
rights  and  privileges  of  all  may  be  inviolably  guarded  by  the  uniform 
system  of  rules  laid  down  in  this  book. 


CONSTITUTION. 


215 


A  FORM  FOR  ESTABLISHING  LITERARY  SOCIETIES. 

CONSTITUTION. 

PREAMBLE. 

WE,  the  undersigned,  do  hereby  adopt  and  agree 
to  obey  the  following  CONSTITUTION  and  the  several 
BY-LAWS  that  may  be  enacted  in  accordance  with 
its  provisions. 

ARTICLE   I. 

Name  and  Object. 

[Here  insert  the  name  of  the  society ;  the  object 

it  is  intended  to  accomplish  ;  the  means  to 

be  used  ;  and  the  way  in  which  its  benefits  will  be 

realized.] 

ARTICLE  n. 

§  1.  The  members  of  the society  shall  be 

active,  corresponding,  and  honorary. 

§  2.  Any  person  of  good  moral  character  may 
become  an  active  member  by  signing  the  consti- 
tution and  paying  an  admission  fee  of cents. 

§  3.  Persons  of  other  towns  may  be  elected  cor- 
responding members,  by  a  vote  of  two-thirds  of 
the  members  present. 

§  4.  Honorary  members  shall  be  admitted  by  a 
like  vote  of  two-thirds. 

§  5.  All  members  may  participate  in  the  discus- 
sions, but  the  privilege  of  voting  and  of* eligibility 
to  office,  shall  be  confined  to  active  members. 


216  CONSTITUTION. 


§  6  A  monthly  contribution  of  —  cts.  shall  be 
paid  by  each  active  member. 

§  7.  Members  who  may  pay dollars,  shall 

be  entitled  to  life-membership,  and  exempted  from 
all  future  contributions  and  assessments.  Hono- 
rary members  shall  be  free  from  assessments  of 
every  kind  whatever. 

§  8.  For  immoral  and  disreputable  conduct,  a 
member  may  be  impeached  and  expelled  from  the 
society  by  a  vote  of  two-thirds  of  the  members 
present,  after  affording  every  reasonable  facility  for 
a  fair  and  impartial  trial.  If  he  be  an  officer, 
the  society  shall  proceed  to  fill  his  place  by  ballot. 

ARTICLE  m. 
Officers. 

The  officers  of  the  society  shall  be  a  President, 
Vice  President,  a  Recording  Secretary,  a  Corres- 
ponding Secretary,  a  Treasurer,  a  Librarian,  a 
Committee  on  questions  for  debate,  a  Committee 
on  lectures,  a  Committee  on  the  library,  and  an 
Executive  Committee.  The  officers  of  the  society 
shall  be  elected  on in ,  by  a  ma- 
jority of  the  ballots  of  all  the  members  present. 

ARTICLE    IV. 

Stated  meetings  of  the  society  shall  be  held  at 

the on throughout  the  year,  except  the 

months  of and  an  anniversary  meeting  shall 

be  held  at on  the of . 


CONSTITUTION  AND  BY-LAWS. 


217 


ARTICLE   V. 

By-Laws. 

By-Laws  to  the  Constitution  shall  be  proposed 
at  one  stated  meeting  of  the  society,  and  acted  on 
at  another.  Any  motion  to  amend  or  repeal  a  by- 
law must  lie  over,  at  least  one  stated  meeting, 
before  it  is  acted  on. 

ARTICLE    VI. 

Amendments  of  the  Constitution. 
Any  motion  to  amend  or  repeal  this  Constitution 
shall  not  be  acted  on  before  the  second  stated 
meeting  after  such  motion  has  been  proposed,  and 
then  shall  not  take  effect  unless  by  consent  of 
two-thirds  of  the  members  present ;  but  any  rule 
may  be  suspended,  for  the  time  being,  by  vote  of 
two-thirds  of  the  members  in  attendance. 


BY-LAWS. 

§  1.  Quorum. — A  majority  of  the  society  shall 
constitute  a  quorum  for  the  transaction  of  business ; 
but  a  smaller  number  may  organize  and  adjourn 
to  the  next  stated  meeting. 

§  2.  Vacancies. — Vacancies  in  any  office  shall  be 
filled  in  the  way  prescribed  by  the  Constitution,  at 
the  next  stated  meeting  after  the  official  announce- 
ment of  the  same. 


19 


218 


BY-LAWS 


§  3.  Lectures  and  Debates. — The  Committee   on 
Lectures  shall  appoint  some  member  to  read  at 
stated  meeting  an  original  lecture  or  essay ; 


the  Committee  on  Debates  shall  select  some  subject 
for  discussion,  and  provide  a  person  to  open  the 
debate,  after  which  the  subject  shall  be  open  for 
general  discussion  by  the  members.  They  shall 
also  extend  invitations  to  persons  engaged  in 
literary  or  scientific  pursuits,  to  present  any  paper 
or  essay  which  they  may  deem  of  interest  or  im- 
portance to  the  society. 

§  4.  Library. — Active  members  shall  be  entitled 
to  take  books  from  the  Library ;  but  no  book  shall 

be  kept  by  any  one  longer  than  weeks 

without  renewal,  nor  shall  it  be  renewed  when 
another  person  desires  it.  Members  who  retain 
books  beyond  the  time  above  limited,  shall  pay  a 

fine  of cents,  for  every  week  a  volume  is 

retained.  Those  who  lose  or  injure  books,  shall 
pay  for  the  same. 

§  5.  Donations,  &c. — It  shall  be  the  duty  of  the 
Executive  Committee  to  make  exertions  to  obtain 
donations  of  books,  minerals,  botanical  and  geolo- 
gical specimens,  &c.,  for  the  society;  to  examine 
from  time  to  time  the  books  of  the  officers,  and  to 
submit  to  the  members  annually  on  the  first 
regular  meeting  in  January,  a  detailed  written 
statement  of  the  affairs  and  condition  of  the 
society. 

§  6.  Arrears. — Any  member  whose  pay- 

jment  shall  be  in  arrear  for months,  shall  forfeit 


BY-LAWS   AND   RULES   OF   ORDER.  219 


his  membership,  and  his  name  shall  be  stricken 
from  the  roll. 

§  7.  Anniversary  Meeting. — It  shall  be  the  duty 
of  the  Executive  Committee  to  take  measures 
likely  to  secure  a  general  attendance  at  the  anni- 
versary meeting,  to  make  arrangements  for  suit- 
able lectures,  to  provide  for  public  debates,  and 
to  furnish  such  other  literary  entertainments  as 
will  arouse  the  minds  of  the  community  to  the  im- 
portance of  the  general  diffusion  of  knowledge  and 
sound  morality. 

§  8.  Special  Meetings. — Special  meetings  may  at 
any  time  be  called  by  the  President,  or  by  any 
two  members. 

§  9.  At  each  stated  meeting  there  shall  be  a 
subject  for  discussion  selected  for  the  next  meet- 
ing, and  reported  by  the  Committee  on  Debates. 

§  10.  The  exercises  of  the  stated  meetings  of  this 
society  shall  be  public. 


RULES   OF   ORDER. 

§  1.  Order  of  Business. — The  order  of  business 
at  the  meetings  of  the  society,  shall  be  as  follows, 
viz : 

1.  The  roll  called. 

2.  Minutes  of  previous  meeting  read  and,  in  case 
of  mistakes,  corrected. 


220 


RULES  OP  ORDER. — CALLED  MEETING?. 


3.  Reports  of  Committees  read  and  acted  on. 

4.  Motions,   resolutions   and   other   unfinished 
business  of  preceding  meetings  acted  on. 

5.  New  resolutions  offered. 

6.  Miscellaneous  business. 

7.  Reading  of  lecture,  essay,  or  other  paper. 

8.  Debate. 

§  2.  Sectarianism  or  Politics. — No  subject  of  a 
direct  sectarian  or  political  nature  shall  be  intro- 
duced before  the  society. 

§  3.    On  Speaking. — No   member   shall   speak 


more  than 


nor  longer  than 


minutes 


upon  the  same  subject,  unless  by  permission  of  the 
Society;  nor  shall  any  member  be  interrupted 
while  speaking  unless  for  explanation,  or  when  his 
remarks  are  foreign  to  the  subject  under  debate. 


CALLED  MEETINGS. 

§  1.  IN  the  formation  of  societies,  as  well  as  the 
calling  of  the  various  kinds  of  conventions,  and 
in  Town,  District  and  all  other  public  meetings,  no- 
tice* should  be  given  in  the  way  which  will  best  ac- 
quaint all  interested  of  the  intended  convocation. 
Every  call  should  set  forth  the  object  of  the  pro- 
posed meeting  with  precision  and  clearness,  and 
should  be  signed  by  its  originators. 

*  The  most  usual  way  of  doing  this  is  either  by  publication  in  the 
most  extensively  circulated  newspapers,  or  by  posting  up  in  the  most 
frequented  places  written  or  printed  notices. 


ELECTION    OF    OFFICERS. 


221 


§  2.  At  the  time  named  for  the  meeting  to  assem- 
ble, if  a  sufficient  number,  to  transact  business,  be 
present,  the  one  whose  name  appears  first  on  the 
call  should  proceed  to  organize*  in  the  following 
way :  he  should  go  to  the  secretary's  desk,f  and 
with  a  few  raps  secure  the  attention  of  those  pre- 
sent, and  then  say,  "  Gentlemen  the  hour  appointed 
for  opening  the  meeting  has  arrived,  I  nominate 
A.  B.  for  chairman.  J  Those  in  favor  of  this  nomi- 
nation will  say  yea"  After  a  momentary  pause 
the  contrary  nay. 

§  3.  If  the  yeas  appear  to  be  in  the  majority,  he 

declares  A B chairman  of  the  meeting. 

If  the  nays  preponderate,  he  ought  to  ask  the 
members  present  to  nominate,  and  continue  to  put 
the  question  till  some  one  is  duly  elected.  He 
then  declares  A.  B.  or  C.  D.,  as  the  case  may  be, 
chairman  of  the  meeting. 

§  4.  The  chairman  should,  at  once,  advance  to 
his  position,§  and  say, "  Gentlemen  who  shall  act  as 
secretary,  please  to  nominate ;"  perhaps  there  will 
be  several  nominations. 

§  5.  He  then  says  the  name  of  E.  F.  was  first 
heard.  Gentlemen  in  favor  of  E.  F.  acting  as 
secretary  will  say  yea— contrary  nay.  Or  in  case 
only  one  name  is  proposed.  He  says,  "  Gentlemen, 


*  In  case  he  is  absent,  the  one  whose  name  is  next  in  order,  and 
so  on. 

f  Should  it  be  in  a  private  room  it  will  be  sufficient  simply  to  rise 
and  make  the  announcement. 

I  Or  Speaker,  Moderator,  or  President,  as  the  case  may  be. 

§  In  called  meetings  it  is  not  necessary  for  the  presiding  officer  to 
occupy  any  time  in  returning  thanks,  &c.,  for  the  honor  conferred. 

19* 


222 


ELECTION    OF   OFFICERS. 


you  have  heard  the  nomination  just  made,  shall 
G.  H.  act  as  secretary,"  &c.  In  the  same  way  may 
be  chosen  any  other  officers  it  is  deemed  best  to 
appoint. 

§  6.  When  a  convention  is  assembled  from  various 
counties  or  states,  it  may  be  best  for  its  originator 
to  say,  "  I  propose  that  we  organize  temporarily, 
for  the  purpose  of  electing  officers  and  effecting  a 
permanent  organization.  In  which  case  the  chair- 
man and  secretary  should  be  appointed  pro  tern- 
pore,  in  the  way  above  indicated. 

§  7.  Then  the  selection  of  persons  the  best  quali- 
fied to  fill  the  various  offices  may  be  referred  to  a 
committee  who  should,  at  once,  retire  to  a  private 
room,  canvass  the  merits  of  the  different  candi- 
dates, and  report  with  all  possible  dispatch,  their 
nominations  for  the  action  of  the  assembly. 

§  8.  Or  several  nominations  may  be  made  by  the 
members  from  the  various  districts,  and  the  assem- 
bly may  proceed,  at  once,  to  elect  the  permanent 
officers  by  ballot. 

§  9.  The  first  business,  in  every  representative 
assembly,  after  its  organization,  should  be  the  ap- 
pointment of  a  committee  to  ascertain  the  names 
of  all  who  have  been  elected  and  returned  as  mem- 
bers. To  this  committee  should  be  referred  all 
cases  of  contested  elections. 

§  10.  When  the  proper  officers  are  elected  it  will 
be  the  duty  of  the  presiding  officer  to  briefly  set 
forth  the  object  of  the  meeting.  After  this  is  done 
it  will  be  in  order  for  some  one  who  is  friendly  to  its 


FIXING   DAY  OP   ADJOURNMENT. 


223 


object  to  move  that  a  committee  be  appointed  to 
prepare  resolutions,  or  to  arrange  any  business  for 
its  action.* 

§  11.  The  chairman  then  puts  the  question,  if  de- 
cided in  the  affirmative  he  says,  "  Of  how  many 
shall  this  committee  consist  ?"  If  more  than  one 
number  be  named  the  question  should  first  be  put 
on  the  highest.  If  that  be  not  agreed  to,  the  next 
highest,  and  so  on,  till  the  committee  shall  be 
elected. 

§  12.  If  only  one  particular  number  be  suggested, 
say  three,  the  chairman  should  say,  three  have 
been  mentioned,  the  committee  will  consist  of 
three.  He  then  proceeds  to  appoint  them. 

§  13.  The  first  person  named  on  any  committee 
is  its  chairman.  It  is  right  to  name  the  mover  in 
the  appointment  first.f  After  the  names  of  the 
committee  are  announced,  the  chairman  should 
provide  at  once  a  private  place  for  the  meeting  of 
his  colleagues,  in  case  a  room  has  not  been  pre- 
viously set  apart  for  the  use  of  the  committee. 

§  14.  If  it  be  known  that  the  business  cannot 
be  finished  at  one  session,  some  member  should 
offer  the  following  resolution,  "Resolved,  that 
when  this  meeting  adjourns  it  will  adjourn  to  meet 

again  in  this  place,  at o'clock,  P.  M.  Or  at 

Hall,  on inst.,  at o'clock,  A.  M., 

or  P.  M.  as  may  be  judged  best.  When  a  resolu- 


*  Or  in  case  the  design  is  to  form  a  permanent  society  to  prepare  the 
Constitution  and  By-Laws. 
f  t.  e.  Chairman. 


£24 


REPORT   OF   A    COMMITTEE. 


tion  of  this  kind  is  agreed  to,  the  meeting  on  clos- 
ing its  session  merely  adjourns,  and  the  presiding 
officer  declares  that  the  meeting  stands  adjourned 
till o'clock,  P.  M.,  or  any  other  time  -pre- 
viously agreed  on. 

§  15.  The  object  of  fixing  the  time  of  adjourn- 
ment, at  an  early  stage  of  the  proceedings,  is  to 
prevent  confusion,  and  also  to  give  notice  to  the 
largest  possible  number.  While  the  committee  is 
absent,  the  chairman  or  any  other  prominent  per- 
son present,  should  address  the  meeting*  on  some 
appropriate  and  interesting  subject. 

§  16.  It  is  often  the  case  that  the  mover  for  the 
appointment  of  a  committee  has  already  a  report, 
or  Constitution  and  By-Laws,  written  out  in  full, 
which  he  submits  to  his  colleagues  for  alteration 
and  improvement.  Whether  this  be  done  or  not, 
the  committee  should  prepare  the  report,  &c., 
with  the  utmost  care  and  dispatch,  and,  so  soon  as 
it  is  finished,  go  into  the  meeting. 

§  17.  The  chairman  of  the  committee  should 
then  either  privately  inform  the  presiding  officer 
of  his  readiness  to  report,  or  take  a  prominent 
position  so  as  to  be  easily  seen  by  him.  If  any 
person  occupies  the  floor  he  ought  at  once  to  close 
his  remarks,  or  if  any  other  business  be  before  the 
assembly  it  should  give  way  at  the  earliest  oppor- 
tunity for  the  report. 


*  The  object  of  the  address  is  to  occupy  profitably  the  attention  of 
those  assembled.  "Whenever  it  is  possible  to  proceed  to  advantage 
with  any  other  business,  the  address  may  be  omitted. 


ACTION   ON   A   REPORT   OF  A   COMMITTEE.  225 


§  18.  The  moment  business  is  suspended  the 
chairman  of  the  committee  should  address  the  pre- 
siding officer  as  follows  :  "  Mr.  President,*  the  com- 
mittee appointed  to  draw  up  resolutions-)-  expressing 
the  sense  of  this  meeting  have  directed  me  to  make 
this  report,"  and  then  hand  it  to  the  presiding  offi- 
cer, who  should  say,  "  The  comrnitte  appointed  to 
prepare  resolutions^  report  (in  part  or  in  full,  as 
the  case  may  be,)  the  following ;  will  the  secretary, 
or  the  chairman  of  the  committee,  (selecting  the 
one  he  thinks  will  be  best  understood,)  read  the 
report?" 

§  19.  After  all  the  resolutions  are  read,  the  presi- 
ding officer  says, "  The  report  is  before  the  assembly, 
shall  it  be  considered  separately  or  altogether  ?"§ 

§  20.  If  a  majority  appear  to  be  in  favor  of  con- 
sidering it  separately  he  will  say,  "  The  first  reso- 
lution is  before  the  assembly."  Some  member 
should  then  move  its  adoption,  and  another  second 
the  motion.  The  presiding  officer  then  says,  "  It  is 
moved  and  seconded  that  the  first  resolution  be 
adopted." 

§  21.  After  a  slight  pause,  if  no  one  rises  to 
speak,  he  says,  "  As  many  as  are  in  favor  of  the  first 
resolution  say  yea''  Making  a  momentary  pause, 
he  continues,  "  As  many  as  are  of  a  contrary  opinion, 
say  nay''  Then  the  yeas  or  the  nays,  as  the  case 


*  Or  Moderator,  Speaker,  or  by  whatever  title  he  may  be  known. 
f  Or  to  prepare  the  Constitution,  By-Laws,  &c.,  as  the  case  may  be. 
\  Or  Constitution,  By-Laws,  &c. 

5  The  best  way  is  to  consider  it  by  clauses,  if  it  be  of  much  import- 
ance, or  if  any  part  thereof  is  likely  to  be  objectionable. 


Cus torn  of 
Congress. 


Re.  4,  Ha 

Reps.  p.  67. 


22G 


ACTION   ON    A    REPORT   OF   A   COMMITTEE. 


Custom  of 
Congress. 


Custom  of 

Congress. 


may  be,  appear  to  have  it.  Again,  after  a  mo- 
mentary pause,  he  declares  the  yeas  have  it.  Or 
if  the  nays  appear  to  preponderate,  the  nays  have 
it.  The  first  resolution  is  agreed  to,  or  rejected. 

§  22.  Sometimes  it  is  difficult  to  determine 
which  side  of  a  question  has  a  majority.  When 
this  happens  to  be  the  case,  he  says  it  is  impossi- 
ble for  the  Chair  to  decide. 

§  23.  Those  in  the  affirmative  will  rise.*  Sup- 
pose fifteen  members  stand  up,  he  says  fifteen  vote 
in  favor  of  the  resolution.  He  should  then  direct 
all  up  to  be  seated  and  again  say,  "  Those  in  the 
negative  will  rise."  Suppose  this  number  be  six- 
teen, he  says,  "  Sixteen  vote  in  the  negative  ;  the 
resolution  is  rejected." 

§  24.  Suppose  any  member  doubts  the  correct- 
ness of  the  decision  of  the  Chair,  he  should  say 
immediately  after  the  presiding  officer  announces 
that  the  yeas  or  the  nays,  as  the  case  may  be,  ap- 
pear to  have  it,  "  I  call  for  a  division." 

§  25.  The  president  should  then  say,  "  There  is  a 
call  for  a  division.  Will  E.  W.  and  Z.  B.  act  as 
tellers."f  Those  in  the  affirmative  will  rise,  twenty 
vote  in  the  affirmative ;  those  of  a  contrary  opi- 
nion will  rise,  twenty  vote  in  the  negative;  the 
Chair  decides  in  the  affirmative.  In  case  the  pre- 


*  In  case  the  meeting  is  small  he  should  count  the  votes  himself.  If 
it  be  large  he  may  appoint  tellers,  or  direct  the  Secretary  and  the  Vice- 
President  to  count  the  voters  on  each  side. 

f  Particular  care  should  always  be  taken  to  select  one  teller  from  the 
affirmative  and  the  other  from  the  negative. 


MANNER   OF   PROCEEDING    IN    A   CALLED    MEETING. 


227 


siding  officer  should  decline  to  vote,  the  resolution 
would  be  lost. 

§  26.  It  often  happens  in  called  meetings  that 
business  is  of  a  local  character,  and  the  proceed- 
ings are  not  intended  to  be  published  j  in  a  case 
of  this  kind  the  business  may  be  dispatched  with- 
out the  form  of  passing  through  the  hands  of  a 
committee.  On  such  occasions,  the  presiding  offi- 
cer, after  making  any  remark  he  deems  necessary, 
should  say,  "  The  meeting  is  organized  and  ready 
to  proceed  with  business. 

§  27.  It  is  then  proper  for  any  member  to  offer 
a  resolution,  and  when  it  is  seconded,  the  presiding 
officer  should  say,  "  The  question  is  on  the  resolu- 
tion, is  the  meeting  ready  for  the  question  ?"  He 
then  puts  it  provided  no  one  rises  to  speak. 

§  28.  If  any  resolution  be  in  any  way  objection- 
able, or  if  it  be  incorrectly  worded,  it  will  be  pro- 
per for  any  one  to  amend  the  same,  or  move  that 
it  be  referred  to  a  committee  with  instructions  to 
make  such  alterations,  or  additions,  as  may  be 
deemed  necessary. 

§  29.  When  it  appears  that  there  is  no  business 
before  the  meeting,  the  presiding  officer  may  sug- 
gest the  propriety  of  providing  for  the  publication 
of  a  part  or  of  all  the  proceedings ;  or  when  this 
is  not  necessary  that  the  meeting  adjourn  sine  die.* 

§  30.  When  the  business  has  not  been  .finished 
the  meeting  should  adjourn  to  such  time  and  place 


*  Without  naming  any  day  to  meet  again.     A  motion  to  adjourn  tine 
die  is  equivalent  to  a  total  dissolution  of  the  meeting. 


Jeff.  Man. 
p.  179,  this 
book. 


Jeff.  Man. 
p.  163,  this 
book. 


Re.49,Ho. 
Reps.  p.  81. 


228 


INFORMAL   MEETINGS. 


See  Jeff. 

Mim.,p.l88, 
this  book. 


as  will  probably  best  accommodate  the  majority 
and  secure  the  largest  attendance. 

§  31.  The  object  of  an  adjourned  meeting  should 
always  be  definitely  stated,  and  public  notice  be 
given  the  same  as  in  the  original  call. 


INFORMAL   MEETINGS. 

§  1.  It  frequently  happens  that  several  persons 
may  be  collected,  especially  ladies,  where  there  is 
no  definite  subject  to  occupy  the  attention. 

§  2.  In  such  cases  time  may  often  be  best 
turned  to  account  by  reading  extracts  from  some 
instructive  book,  and  then  making  the  topic  the 
subject  of  general  conversation. 

§  3.  Again,  committees  may  be  appointed  to 
examine  the  various  publications,  periodicals,  news- 
papers, &c.,  and  report  those  which  are  the  most 
valuable,  and  the  points  in  which  they  excel,  and 
also  to  designate  those  which  have  an  immoral 
and  deleterious  influence. 

§  4.  Much  has  recently  been  done  towards  fill- 
ing a  chasm  in  the  literature  of  the  age  by  the 
writing  of  biographies  of  eminent  and  pious  fe- 
males. These  books  should  be  in  every  library, 
and  often  form  the  basis  of  social  discussion. 

§  5.  Original  compositions  and  essays  on  sub- 
jects which  tend  to  improve  and  elevate  the  stand- 
ard of  female  education  and  female  usefulness, 
afford  alike  the  most  pleasing  and  ennobling  exer- 
cises. 


DUTIES   OF  THE   PRESIDING   OFFICER. 


229 


DUTIES   OF   THE   PRESIDING  OFFICER. 

§  1.  THE  presiding  officer  occupies  a  more  influ- 
ential and  exalted  position  than  any  other  member. 
Much  of  the  success,  prosperity,  and  often  the  very 
existence,  of  a  society  depends  on  his  ability  and 
energy.  Hence  it  is  incumbent  on  every  one  who 
expects  ever  to  be  called  on  to  preside  over  any 
deliberative  body,  to  understand  a  correct  uniform 
system  of  rules  for  conducting  public  business. 

§  2.  It  is  the  duty  of  every  presiding  officer  to 
take  the  chair  precisely  at  the  time  at  which  the 
meeting  may  be  called,  or  to  which  it  may  have 
adjourned,  and  immediately  call  the  members  to 
order.* 

§  3.  He  should  then  call  on  some  onef  of  known 
probity  and  piety  to  open  the  deliberations  with 
prayer. J  After  which  he  says,  "  A  quorum  being 
present,  the  secretary§  will  read  the  minutes  of 
the  last  meeting," 1 1  and  then  proceed  with  the  regu- 
lar business. 


*  If  a  quorum  be  not  present,  those  assembled  may  take  such 
measures  as  will  be  most  likely  to  secure  that  number  by  sending  for 
absent  members,  &c.  Re.  65,  Ho.  Rep.,  page  85,  Rule  8  Senate, 
page  126. 

j-  In  case  no  one  has  been  previously  designated  for  that  purpose,  he 
should  designate  the  person  who  would  probably  exert  the  most  salu- 
tary influence. 

J  See  order  for  conducting  business,  page  204. 

|  In  case  the  Secretary  is  absent  with  the  records,  a  Secretary  pro 
tempore  may  be  elected,  and  any  new  business  transacted. 

||  This  is  done  in  order  to  correct  mistakes  if  any  should  occur,  and 
also  for  the  information  of  those  who  might  have  been  absent.  The  best 
way  to  correct  mistakes  is  for  the  Secretary  to  read  the  minutes  imme- 
diately before  the  adjournment  of  each  meeting. 

20 


Re.  1,  Ho. 
Reps,  p.  87, 
Re.  1  Sen.,p. 
126. 


Custom  of 
Congress. 


230 


DUTIES    OF   THE   PRESIDING   OFFICER. 


Re.  2,  Ho. 

Heps.  p.  67. 


Rls.  43  and 
44  Ho.  Rep. 
p.  79,  Re.  4, 
Ho.Re.p.67 


Re.  15,  Ho. 

Reps.  p.  70. 


Re.  6  and  7 
Ho.  Reps,  p 
68. 


Re.  147  Ho 
Reps,  p.100 
Re.  45,  Sen. 
186. 


§  4.  He  should  preserve  order  and  decorum, 
and  announce  each  item  of  business  at  the  right 
time. 

§  5.  He  should  state,  or  cause  to  be  read  aloud, 
by  the  secretary,  all  motions  and  propositions, 
properly  made,  and  put  the  same  to  vote  in  a  dis- 
tinct form,  and  announce  the  result. 

§  6.  He  should  sign  all  acts,  orders,  and  other 
proceedings  of  the  assembly  which  require  to  be 
authenticated,  and  cause  the  same  to  be  attested 
by  the  secretary. 

§  7.  He  should  receive  all  legitimate  messages 
and  other  communications,  and,  at  the  proper  time, 
announce  the  same  to  the  assembly. 

§  8.  He  should  represent  and  act  for  the  body 
over  which  he  presides  whenever  its  prosperity  and 
convenience  require  it. 

§  9.  He  should  uniformly  show  himself  the 
faithful  guardian  of  its  interests  and  its  honor,  by 
promptly,  yet  in  the  most  conciliatory  way,  check- 
ing any  personal  reflections  that  may  chance  to 
occur  in  debate,  and,  whenever  necessary,  explain 
the  rules  of  order. 

§  10.  He  should  see  that  the  secretary  informs 
the  members  of  committees  of  their  appointment, 
and  whenever  necessary  explain  the  nature  of 
their  duties. 

§  11.  He  should  call  on  each  committee  at  every 
stated  meeting  for  its  report. 

§  12.  He  should  have  the  general  supervision  of 
the  place  of  meeting,  and  see  that  the  requirements 


DUTIES    OF   THE    PRESIDING    OFFICER. 


231 


of  the  charter,  if  any,  are  enforced,  and  that 
the  Constitution  and  By-Laws  are  properly  re- 
garded. 

§  13.  He  should  carefully  protect  all  the  pro- 
perty of  the  association ;  use  all  reasonable  means 
to  augment  its  resources,  and  especially  cause  its 
debts  to  be  collected,  and  see  that  its  funds  are 
invested  in  the  safest  and  best  way. 

§  14.  When  two  or  more  members  happen  to 
rise  at  the  same  time,  he  should  name  the  one  who 
is  to  speak  first. 

§  15.  He  should  be  constantly  on  the  alert  to 
notice  the  first  approach  to  personality  in  debate, 
and  restrain  any  breaches  of  order  with  mildness, 
but  with  the  utmost  promptness  and  impartiality. 

§  16.  He  should  make  himself  acquainted  with 
the  ability  and  character  of  all  the  members,  so 
as  to  make  the  most  judicious  selections  in  ap- 
pointing committees,  and  in  promoting  the  highest 
prosperity  and  usefulness  of  the  body  over  which 
he  presides. 

§  17.  He  should  vote  on  ballot,  and  when  the 
assembly  happen  to  be  equally  divided,  his  vote  on 
oaliot  ought  to  be  taken  first,  but  in  every  other 
case  it  should  be  given  last.* 

§  18.  He  may  call  any  member  to  the  Chair,  if 
he  wish  to  take  part  in  the  debate,  or  to  be  absent 
for  a  part  of  the  session.  If  the  assembly  pro- 
vides for  his  absence  by  electing  several  Vice- 


*  To  avoid  exerting  an  undue  influence,  and  to  cause  each  member 
to  rely  on  his  own  judgment. 


Re.  33,Ho. 
Reps.  p.  76. 
Re.  5,  Sen. 
p.  125. 


Custom 
Speakers 
Ho.  Keps. 


Reps.  p.  70. 
Re.  12,  Sen. 
p.  128,  Con. 

IT.  S.,  Art 
1,  Sec.  2,  p 
LO. 


Re.  S,ITo 
Reps.  p.  68 


232 


DUTIES   OP   THE    SECRETARY. 


See  Spkr 
Beo.5,  p.151 


Re.  8,  Ho. 

lops.  p.  67. 


See  Jeff. 
Man.  Sec.o, 
p.  151,  this 
(took. 


Re.  21,  p 
72,  Re.  109. 
110  and  mi 
pp.  97  and 


Re.     63, 

UO.  Kr]  is.  p. 

86. 


Const  U. 
b.,p.!2. 


Presidents  ;*  they  take  his  place  and  the  place  of 
each  other  in  the  order  of  their  rank. 

§  19.  When  the  presiding  officer  is  absent,  and 
there  is  no  Vice-President  to  take  his  place,  the 
assembly  may  elect  a  President  pro  tempore^ 
whose  powers  and  duties,  for  the  time  being,  will 
be  precisely  the  same  as  those  of  the  President. 

§  20.  The  presiding  officer  may  state  questions 
sitting,  but  he  should  always  rise  to  put  them. 

§  21.  Although  the  president  may  be  considered 
the  leading  member  of  an  association,  yet  he  may 
be  removed  at  the  will  of  a  majority  of  the  body, 
over  which  he  presides,  and  another  appointed  in 
his  place. 

DUTIES   OF   THE   SECRETARY.^ 

§  1.  IT  is  the  duty  of  the  secretary  to  make  a 
faithful  record  of  all  that  is  done  and  passed  by  the 
Assembly. 

§  2.  He  should  read  all  letters  and  papers; 
call  the  names  of  the  members  and  note  the  ab- 
sentees ;  also,  when  a  question  is  taken  by  yeas 
and  nays,  call  the  roll,  and  note  the  answers. 

§  3.  He  should  notify  each  member  of  every  com- 
mittee of  his  appointment,  and  give  him  a  list  of 

*  Ordinarily  the  Vice-Presidents  have  no  duty  to  perform,  but  should 
sit  on  each  side  of  the  President.  The  First  Vice-President  should  oc- 
cupy a  position  at  his  right  side,  and  supply  his  place  in  case  of  ab- 
sence, and  so  on. 

f  For  the  time  or  occasion. 

J  When  there  are  several  secretaries  appointed  the  one  first  named 
should  be  called  on  to  read  the  minutes,  papers,  &c.,  of  the  assembly. 
In  case  of  his  absence  this  duty  devolves  on  the  second  named,  and  so  on. 


DUTIES  OP   THE   SECRETARY. 


233 


his  associates,  and  the  order  of  their  appointment, 
so  that  each  may  know  who  is  chairman,  and  who, 
in  case  the  chairman  is  absent,  must  serve  in  his 
place. 

§  4.  He  should  state  clearly,  to  each  committee, 
the  nature  of  the  business  to  it  referred,  and  he 
ought  to  sign  all  acts  and  proceedings  required  to 
be  authenticated. 

§  5.  He  should  carefully  preserve  and  file, 
separately  and  distinctly,  all  letters,  written  re- 
ports, receipts  and  documents  of  every  kind  be- 
longing to  the  assembly,  and  keep  a  correct  journal 
of  all  its  proceedings.  Every  thing  of  general 
interest,  and  every  question  on  which  a  vote  has 
been  taken  ought  to  be  carefully  recorded. 

§  6.  It  is  not,  however,  the  secretary's  duty  to 
make  any  report  of  the  speeches,  or  of  motions 
moved,  debated  and  withdrawn,  without  being 
acted  on  by  the  assembly.  Every  resolution,  mo- 
tion, and  important  subject  ought  to  be  written  in 
separate  sections.  There  should  be  marginal  notes 
on  each  page  of  the  journal,  to  answer  the  purpose 
of  an  index  to  the  matter  therein  contained. 

§  7.  He  should  never  permit  any  paper  to  be 
taken  from  his  custody  without  the  leave  or  order 
of  the  assembly ;  he  ought  always  to  rise  when  he 
reads  or  calls  the  roll;  and  keep  all  his  papers 
filed  in  perfect  order,  so  as  to  produce  any  one 
the  moment  it  is  wanted. 

§  8.  He  should  have  adjusted  under  one  head 
the  names  in  full  of  all  the  members  of  the  several 


DUTIES   OP   THE   TREASURER. 


committees,  and  also  a  correct  list  of  all  the  un- 
finished business. 

§  9.  He  should  pay  the  closest  attention  to  all 
motions,  amendments,  and  other  business  of  the 
assembly,  and  attest  the  proceedings  of  each 
meeting. 

§  10.  He  should  register  the  names  of  the 
members  alphabetically,  and  keep  an  accurate 
memorandum  of  the  post-office  address  and  resi- 
dence of  each,  so  as  to  give  him  due  notice  of  the 
time  and  place  of  every  meeting. 

§  11.  It  is  the  duty  of  every  secretary,  at  the 
expiration  of  his  term  of  service,  to  deliver  to  his 
successor,  or  to  the  president,  all  books,  vouchers, 
letters,  papers,  keys,  and  other  articles  which  ap- 
pertain to  his  office. 

DUTIES   OF   THE    TREASURER. 

§  1.  IT  is  the  duty  of  the  treasurer  to  deposit 
in  the  safest  place  all  the  money,  notes,  and  papers 
of  every  description  belonging  to  the  assembly. 

§  2.  He  should  charge  himself  with  every  item 
of  property  received,  with  the  date,  source,  and 
other  minute  particulars  pertaining  thereto. 

§  3.  He  should  not  part  with  any  money  or 
other  property  of  the  assembly  without  an  order, 
signed  by  the  president  and  secretary,  or  a  resolu- 
tion authorizing  him  so  to  do. 

§  4.  These  orders  and  resolutions  together,  with 
the  receipts  of  the  party  receiving  the  same,  are  a 


DUTIES  OF  THE  LIBRARIAN — DUTIES  OF  A  COMMITTEE.  235 


mr  to  all  further  claims  on  him  for  the  amount 
therein  specified. 

§  5.  He  should,  at  all  times,  have  his  books 
properly  posted,  so  as  to  tell  the  financial  condi- 
tion of  the  association  whenever  called  on,  or  so 
that,  in  case  of  death,  neither  his  own  estate  nor 
the  interest  of  the  society  would  suffer. 

§  6.  It  is  proper,  though  not  always  required, 
for  the  treasurer  to  give  a  bond  for  the  faithful 
performance  of  his  duties. 

§  7.  The  treasurer,  like  the  secretary,  at  the 
expiration  of  his  term  of  service  is  bound  to  deliver 
to  his  successor  in  office,  or  to  the  president,  all 
books,  papers,  and  other  property,  properly  ar- 
ranged and  in  good  order. 

DUTIES   OP  THE    LIBRARIAN. 
« •  * 

THE  librarian  should  have  charge  of  the 
books,  pamphlets,  periodicals,  maps,  engravings, 
&c.,  belonging  to  the  library,  and  ought  to  keep  a 
record  of  all  matters  appertaining  to  the  same; 
and  at  the  expiration  of  his  office  deliver  to  his 
successor,  or  to  the  society  through  its  presiding 
officer,  all  information,  documents,  &c.,  that  will 
tend  to  augment  its  usefulness. 

THE   DUTIES  OF   A   COMMITTEE. 

§  1.  EVERY  assembly  must,  necessarily,  entrust 
much  of  its  business  to  committees.  It  is  impos- 
sible for  all  the  members  to  examine,  thoroughly, 
each  for  himself,  every  item  of  business  that  may 
be  presented. 


236 


DUTIES   OP   A   COMMITTEE. 


§  2.  Hence  a  committee,  as  a  body,  and  the 
members  of  it  personally,  should  give  especial 
attention  to  every  subject  referred  to  them  by  the 
assembly.  Each  member  should  individually  use 
constant  vigilance  to  seek  information  by  exami- 
nation and  personal  inquiry. 

§  3.  Every  standing  committee  should  have  its 
regular  chairman  and  secretary,  keep  accurate 
minutes  of  all  its  proceedings,  and  carefully  deli- 
berate on  all  matters  to  it  referred. 

§  4.  The  members  of  a  committee  act  for  and 
in  the  place  of  the  assembly ;  hence  it  is  their 
duty  to  examine  witnesses,  abridge,  simplify,  ar- 
range, and  put  in  proper  form,  all  resolutions, 
papers,  bills,  and  every  description  of  business 
which  may  be  assigned  them. 

§  5.  The  duties  and  powers  of  committees  may 
be  modified  or  enlarged  by  definite  instructions 
given,  at  any  time,  by  the  assembly ;  it  is  their 
duty  to  meet  and  attend  to  the  business  assigned 
them  with  systematic  order,  and,  unless  otherwise 
directed,  at  times  when  the  assembly  is  not  in 
session. 

§  6.  A  majority  of  all  their  members  is  neces- 
sary to  constitute  a  quorum ;  their  business  and 
duties,  like  those  of  the  assembly,  require  mutual 
consultation  and  deliberation ;  hence,  no  business 
can  be  properly  transacted  by  separate  consultation 
with  every  member  by  the  chairman. 

§  7.  If  matters  are  referred  to  a  committee 
with  particular  instructions,  it  must  report  accord- 


SELECT   COMMITTEES. 

\ 


ing  to  the  directions  given.  In  l  other  cases  it 
may  make  such  a  report  as  it  judges  best. 

§  8.  A  committee  may  amerid  any  bill  or 
document  referred  to  it,  but  the  amendment  should 
always  be  on  a  separate  paper,  and  distinctly  state 
the  words  to  be  inserted  or  erased,  and  specify 
clearly  the  word,  or  words,  the  line,  or  lines,  where 
such  alterations  are  to  be  made. 

§  9.  A  committee  has  no  right  to  erase,  inter- 
line, disfigure,  or  alter,  in  the  least,  any  paper  or 
document  referred  to  it  by  the  assembly.  When 
it  is  found  necessary  to  make  several  alterations, 
it  may  draft  an  entirely  new  paper,  and  report  the 
same  as  a  substitute  for  the  original. 

§  10.  If  the  members  of  a  committee  be  of  opi- 
nion that  the  subject  referred  cannot  in  any  way 
be  amended,  so  as  to  be  productive  of  good,  even 
then  they  have  no  right  to  reject  it,  unless  the 
whole  business,  as  well  as  the  form,  has  been  re- 
ferred. They  should  report  the  matter  back  to 
the  assembly,  state  their  objections,  recommend 
that  it  "  do  not  pass,"  and  oppose  it  the  same  as 
other  members. 

SELECT   COMMITTEES. 

§  1.  SELECT  Committees  may  be  appointed  at 
any  time  to  examine  and  report  upon  any  speci- 
fied subject.  After  making  their  final  report,* 


*  The  adoption  of  the  report  of  a  Special  Committee  dissolves  it 
without  any  action  of  the  Assembly,  but  a  report  may  be  received  and 
action  thereon  postponed. 


Jeff:  Man. 
last  clauso 
of  Sec.  21, 
p.  164,  tliis 
book. 

Clause  1st, 
p.  167. 


237 


Re.l27,Ho. 

Kcps.p.102. 


Custom  of 
Congre**. 


STANDING    COMMITTEES. 


they  may  be  discharged  either  by  a  resolution  or 
by  a  motion. 

§  2.  Standing  Committees  should  be  appointed 
at  the  beginning  of  each  session,  and  continue  to 
examine  and  report  upon  all  business  coming 
within  the  scope  of  their  jurisdiction.  Their 
reports  are  justly  entitled  to  the  most  weight  with 
an  assembly, 

§  3.  For  both  the  mover  and  seconder  for 
the  appointment  of  a  Select  Committee  are  placed 
on  the  same.  The  Parliamentary  rule  requires 
that  those  opposed  to  a  subject  be  not  appointed ; 
this  rule  in  Congress  is  not  strictly  observed ;  if 
it  were,  the  reports  of  Select  Committees  would 
have  less  weight  than  what  they  do  at  present, 

§  4.  For  it  is  presumed  that  gentlemen  in 
favor  of  a  certain  proposition  would  always  report 
in  its  favor.  It  may  also  be  observed  that  the 
mover  is  usually  the  Chairman,  and  draws  the 
report  agreeable  to  his  own  views. 

STANDING   COMMITTEES. 

§  1.  STANDING  Committees  being  appointed  at 
the  opening  of  each  session,  are  less  liable  to  be 
prepossessed  in  favor  of,  or  against  any  measure, 
than  those  who  are  appointed,  perhaps,  at  the  time 
of  excitement,  and  after  each  member  has  been, 
to  some  extent,  committed  to  the  measure. 

§  2.  The  fact  that  Standing  Committees  keep 
a  record  of  their  proceedings,  tends  to  make 
them  more  careful  in  their  deliberations ;  they 


STANDING    COMMITTEES. 


230 


also  have  former  committee-books  of  reports,  per- 
haps for  a  series  of  years,  to  refer  to  and  consult 
previous  to  making  their  report. 

§  3.  In  case  the  chairman  is  absent,  or  declines 
or  neglects  to  appoint  a  meeting,  it  is  the  duty  of 
the  committee  to  meet  on  the  call  of  any  two  of 
its  members. 

§  4.  In  all  cases  where  property  is  at  stake,  or 
whenever  there  is  a  temptation  for  briber^Sted 
corruption,  the  reports  of  committees  should  be 
thoroughly  examined  by  each  member  of  the  as- 
sembly. 

§  5.  For  in  adopting  the  report  it  thereby  be- 
comes the  report  of  the  assembly,  and  all  the 
doings  of  a  committee  have  precisely  the  same 
force  and  power  as  though  they  had  been  origi- 
nally drafted  and  acted  on  by  the  assembly,  with- 
out the  aid  of  a  committee. 

§  6.  To  secure  the  utmost  respect  and  confi- 
dence, all  standing  committees  should  be  elected 
by  ballot.*  As  drawing  the  report  usually  devolves 
on  the  chairman,  he  should  be  first  elected,  by 
himself,  and  receive,  at  least,  a  majority  of  all  the 
votes  cast. 

§  7.  The  other  members  may  all  be  elected  at 
one  ballot,  and  a  plurality  of  votes  only  be  re- 
quired for  a  choice. 

§  8.  If,  however,  an  assembly  wish  to  avoid  the 
tediousness  of  electing  a  large  number  of  commit- 


*  In  large  assemblies  convened  from  various  sections  of  the  Union, 
the  members  should  nominate  the  individuals  to  serve  on  a  committee; 
but  no  one  should  nominate  more  than  one  person. 


240 


CO     ulITTEE   OF   THE   WHOLE   HOUSE. 


tees,  it  may  appropriately  delegate  this  power 
to  the  presiding  officer,  whose  reputation  and  duty 
alike  require  him  to  select  the  men  best  qualified 
to  discharge  such  duty. 

THE   CHAIRMAN   OF   A   COMMITTEE. 

THE  first  named  on  a  committee  should  act 
as  chairman ;  unless  a  majority  choose  some  other 
member  of  their  body  to  fill  that  office. 

COMMITTEE   OF   THE   WHOLE   HOUSE. 

§  1.  ALL  business  of  great  public  interest  should 
be  first  discussed  in  a  committee  of  the  whole 
House.*  The  benefits  derived  from  this  course 


I, 


*  Who  debate  and  amend  the  subject  till  they  get  it  into  a  shape  that 
meets  the  approbation  of  a  majority,  which  being  reported,  and  con- 
firmed by  the  assembly,  may  then  be  referred  to  a  select  committee. 
The  following  is,  in  substance,  extracted  from  the  journals  of  Congress, 
June  8th,  1776. — "After  being  in  session  some  time,  the  president  re- 
sumed the  chair,  and  the  chairman  of  the  committee  of  the  whole, 
Benjamin  Harrison,  of  Va.,  reported  that  the  'committee  had  taken  into 
consideration  the  matter  to  it  referred,  but  not  having  come  to  any 
resolution  thereon,  directed  him  to  move  to  sit  again  on  the  10th.' 
'  Resolved,  that  this  Congress  will,  on  the  10th  inst.,  at  ten  o'clock,  re- 
solve itself  into  a  committee  of  the  whole,  to  take  into  their  further 
consideration  the  resolutions  referred  to  them."  June  10th,  1776. 
"  Agreeably  to  order,  Congress  resolved  itself  into  a  committee  of  the 
whole,  to  take  into  further  consideration  the  resolutions  to  it  re- 
ferred ;  and  after  some  time  spent  thereon,  the  president  resumed  the 
chair,'  and  Mr.  Harrison  reported  that  the  committee  have  had  under 
consideration  the  matters  referred  to  it,  and  have  come  to  a  resolution 
thereon,  which  they  directed  him  to  report."  "Resolved  that  these 
United  Colonies  are,  and  of  right  ought  to  be,  free  and  independent 
states ;  that  they  are  absolved  from  all  allegiance  to  the  British  crown : 
and  that  all  political  connection  between  them  and  the  State  of  Great 
Britain  is,  and  ought  to  be,  totally  dissolved."  June  llth,  1776. 

Resolved,  that  the  select  committee  for  preparing  the  Declaration  of 


COMMITTEE   OP   THE   WHOLE   HOUSE. 


241 


are,  that  the  assembly  assumes  the  character  of  a 
colloquial  meeting,  where  each  member  offers  and 
receives  advice.  Several  legislative  rules  are  not 
enforced;  the  speeches  are  generally  shorter,  and 
the  opinions  of  a  majority  may  thus  be  better 
elicited. 

§  2.  The  parliamentary  rule  permits  a  person, 
in  committee  of  the  whole  House,  to  speak  as  often 
as  he  can  obtain  the  floor.  But  in  Congress  a 
member  is  prohibited  from  speaking  twice  on  the 
same  question,  till  each  one  has  had  an  opportu- 
nity to  express  his  views.  This  is  a  wise  regula- 
tion, for  those  not  in  the  habit  of  speaking  are 
generally  brief,  and  confine  their  remarks  strictly 
to  the  merits  of  the  question,  and  the  leading  points 
of  the  subject,  without  entering  into  its  details. 

§  3.  The  form  for  any  body  to  go  into  a. com- 
mittee of  the  whole  house  is  for  the  presiding  offi- 
cer, on  motion  of  some  member,  to  put  the  question, 
that  the  house  or  meeting  now  resolve  itself  into  a 
committee  of  the  whole,  to  consider  the  proposed 
business  (which  should  be  distinctly  specified). 
If  determined  in  the  affirmative,  he  appoints  some 
one  as  chairman,  then  leaves  his  place  and  takes 
a  seat  the  same  as  any  other  member,  and  the 
person  appointed  chairman  does  not  occupy  the 
speaker's  chair,  but  sits  at  the  table  of  the  secre- 
tary. A  committee  of  the  whole  cannot  adjourn 


Independence  consist  of  five.  The  committee  were  chosen  as  follows : 
Benjamin  Franklin  of  Pa.,  John  Adams  of  Mass.,  Thomas  Jefferson  of 
Va.,  Roger  Sherman  of  Conn.,  K.  R.  Livingston  of  N.  Y." 


Jeff.  Man. 
[•['-•  1&2  and 
153  this  l.k. 

Also  Ills., 
124  to  138, 
Ho.  Reps, 
ppa.  101  to 
104  respect- 
ively. 


Jeff.  Man. 
p.- 166,  this 
book. 


Be.  134, 
Ho.  Reps., 
p.  103. 


Be.  125, 
Ho.  Reps., 
p.  101. 


21 


Q 


242 


THE   MOTION   TO   COMMIT. 


as  other  committees  may,  but  if  business  is  un- 
finished it  rises  on  a  question. 

§  4.  The  house  or  meeting  is  then  resumed;  the 
chairman  reports  that  the  committee  have,  accord- 
ing to  order,  had  the  business  under  consideration, 
and  made  progress  therein ;  but  not  having  time 
to  finish  it,  have  directed  him  to  ask  leave  to  sit 
again.  The  question  is  then  put,  on  having  per- 
mission, and  on  the  time  the  house  will  again  re- 
solve itself  into  a  committee  of  the  whole. 

§  5.  The  committee  can  consider  only  the  sub- 
ject to  it  referred.  When  this  is  done,*  the  chair- 
man should  say,  "  The  propositions  under  consi- 
deration are  closed,  the  committee  will  rise."  He 
ought  then  to  return  to  his  place  in  the  assembly, 
and  the  regular  presiding  officer  should,  at  once, 
resume  his  official  seat,  and  the  chairman  of  the 
committee  ought  immediately  to  say,  "  Mr.  Presi- 
dent, the  committee  of  the  whole  housef  have  had 
under  consideration  the  subject."  [Here  state  it 
and  the  result  of  the  deliberations  thereon.]  The 
secretary  of  the  assembly  records  nothing  but  the 
report  of  the  chairman. 

THE   MOTION   TO   COMMIT. 

§  1.  WHENEVER  a  proposition,  or  business  of  any 
kind,  is  brought  before  an  assembly,  which  is  de- 


*  Or  when  the  committee  cannot  proceed  further  for  the  want  of 
time,  or  for  any  other  cause,  the  chairman  should  report  according  to 
the  facts  of  the  case. 

•}•  For  Committee  of  the  Whole  on  the  state  of  the  Union,  see  note  on 
the  76th  page. 


THE   MOTION   TO  COMMIT. 


243 


sirable  to  pass,  but  the  form  in  which  it  is  intro- 
duced is  crude  and  defective,  a  motion  should  be 
made  to  refer  the  subject  to  a  committee,  which  is 
styled  a  commitment.* 

§  2.  This  motion  may  be  amended  by  substi- 
tuting a  different  committee ;  by  increasing  or  les- 
sening the  number;  or  by  definite  instructions 
which  may  be  done  to  procure  further  information, 
and  postpone  the  subject  for  future  consideration. 

§  3.  When  different  committees  are  proposed, 
the  question  should  be  taken  in  the  following  order : 
1st.  Committee  of  the  whole  house.  2d.  A  stand- 
ing committee,  and  3d.  A  select  committee.  As  a 
general  rule,  the  subject  should  be  referred  to  a 
standing  committee,  provided  there  be  one  suitable 
to  take  cognizance  of  it.  If  not,  a  select  commit- 
tee ought  to  be  appointed. 

§  4.  Any  member  of  an  assembly  may  be  pre- 
sent at  a  select  committee,  but  cannot  vote,  and 
must  give  place  to  all  of.  its  members.  With  the 
exception  that  the  title  or  subject  cannot  be 
changed,  a  committee  has  full  power  over  any  bill 
or  paper  committed  to  it. 

§  5.  The  paper  before  committees,  whether  se- 
lect or  of  the  whole,  may  be  a  bill,  resolutions,  or 
draft  of  an  address,  either  referred  to,  or  originat- 
ing with  them.  -  In  all  cases  the  paper  should  be 
first  read  by  the  secretary  of  a  committee,  and 
then  by  the  chairman,  by  paragraphs;  a  pause 


*  la  case  it  has  already  been  referred,  it  is  styled  a  recommitment. 
See  Sec.  XXIII.  page  165,  nnd  the  note  thereto. 


Re.  47,  Ho. 

Reps.  p.  80. 


.Toff  Man., 
Clause  "th, 
p.  163. 


Clause  8th, 
p.  163. 


THE   MOTION   TO   COMMIT. 


being  made  at  the  end  of  each,  and  questions  for 
amending  put,  if  proposed. 

§  6.  With  respect  to  resolutions  on  distinct  sub- 
jects emanating  from  themselves,  questions  should 
be  put  on  each  separately  as  amended  or  un- 
amended,  but  no  final  question  on  the  whole ; 
though  if  they  relate  to  the  same  thing,  a  question 
should  be  put  on  the  whole. 

§  7.  If  the  paper  originating  with  them  be  a  bill, 
draft  of  an  address,  &c.,  they  should  proceed  by 
clauses  to  put  questions  for  amending,  either  by 
insertion  or  omission,  if  proposed ;  but  no  question 
on  agreeing  to  the  paragraphs  separately :  at  the 
close  a  question  should  be  put  on  the  whole  for 
agreeing  to  it  as  amended  or  un  amended. 

§  8.  If  a  paper  be  referred  to  them,  they  should 
put  questions  of  amendment,  when  proposed,  but 
no  final  one  on  the  whole ;  for  all  parts  of  the 
paper  having  been  adopted  by  the  assembly  must 
stand,  unless  altered  or  struck  out  by  a  vote. 

§  9.  The  rules  of  order  that  govern  assemblies, 
in  most  cases,  apply  to  committees,  but  not  always ; 
for  example,  disorderly  words  or  conduct  in  a  com- 
mittee cannot  be  punished  by  the  members  thereof; 
all  they  can  do,  is  to  take  down  the  words,  note 
the  conduct,  and  report  the  same  to  the  assembly 
for  it  to  adjudicate  and  punish. 

§  10.  After  a  committee  has  agreed  upon  a  report, 
on  the  business  entrusted  to  it,  some  member 
should  move  that  the  committee  now  rise,  and 
that  the  chairman,  or  in  his  absence  some  other 


FORM    OP   THE   REPORT   OP   A    COMMITTEE,  245 


one,  report  the  result  of  the  proceedings  to  the  as- 
sembly, which  being  agreed  to,  terminates  their 
deliberations. 


FORM  OF   THE   REPORT   OF   A   COMMITTEE. 

§  1.  THE  chairman,  or  the  member  appointed  to 
make  the  report,  at  the  proper  time,  should  rise  in 
his  place  and  inform  the  assembly,  that  the  com- 
mittee to  whom  was  referred  the  [naming  the  title 
of  the  paper  or  business  to  the  committee  referred] 
have,  according  to  order,  had  the  same  under  con- 
sideration, and  directed  him  to  report  thereon, 
with  or  without  amendment,  as  the  case  may 
be. 

§  2.  He  then  hands  the  report  to  the  presiding 
officer,  or  proceeds  to  read  it,  if  desired.  It  is 
usual  in  legislative  assemblies  to  have  all  the  im- 
portant reports  of  committees  printed,  and  to  dis- 
pense with  the  reading  till  the  subject  comes  up 
for  final  action. 

§  3.  Making  the  report  and  its  adoption  dis- 
solves the  committee.  If,  however,  the  assembly 
decline  to  receive  it  on  the  ground  of  new  matter, 
or  any  other  cause,  the  committee  is  not  dissolved, 
but  may  be  required  to  re-examine  the  subject  and 
make  another  report. 

§  4.  A  committee  may  report,  simply  stating  the 
facts  and  the  results  of  their  deliberations,  without 
any  resolution  respecting  the  business  to  it  referred. 
Reports  of  this  kind  should  terminate  with,  "  Re- 

~~21* 


Rep.  Com. 
Jeff.  Man. 
p.  164,  this 
book. 


Jeff.  Man. 
last  clause 
p.  167,  thla 
book. 


LastdaoM 


22, 


246 


REPORTS  OP  A  COMMITTEE — THE  MINORITY  REPORT. 


solved  that  this  committee  be  discharged  from  the 
further  consideration  of  this  subject."* 

REPORTS   OF   A   COMMITTEE. 

§  1.  OR  a  committee  may  state  the  facts,  &c., 
and  conclude  by  condensing  them  and  all  the  reas- 
onings thereon,  in  the  form  of  a  resolution  or  a 
series  of  resolutions,  or  it  may  report  by  resolu- 
tion without  any  preliminary  observations. 

§  2.  All  resolutions  should  recommend  definite 
action,  and  form  the  basis  of  proceeding  for  an  as- 
sembly. 

§  3.  The  first  question  after  a  report,  is  on  its  re- 
ception or  adoption.  If  it  contains  only  a  state- 
ment of  facts,  reasonings,  or  opinions,  the  question 
should  be  on  its  acceptance.^ 

§  4.  If,  however,  it  contains  a  resolution,  or  de- 
finite propositions  of  any  description,  the  question 
should  be  on  its  adoption. 

THE   MINORITY   REPORT. 

§  1.  EACH  member  of  every  committee  is  pre- 
sumed to  have  carefully  examined  the  subject  re- 


*  In  Congress,  when  the  business  is  unfinished,  the  form  of  pro- 
ceeding varies.  The  chairman  of  a  committee  of  the  whole  House  on 
the  state  of  the  Union,  reports  that  "  the  committee  have  come  to  no 
resolution  thereon."  The  chairman  of  a  committee  of  the  whole 
House  "reports  progress,  and  asks  leave  to  sit  again;"  and  the  chair- 
man of  a  standing  or  select  committee  when  called  on,  simply  announ- 
ces the  fact  that  "  the  committee  are  not  prepared  to  report."  See  page 
153. 

f  And  the  acceptance  or  adoption  of  the  report,  under  these  circum- 
stances, dissolves  a  special  committee. 


PRECEDENCE    OF   QUESTIONS. 


24Y 


ferred,  in  all  its  bearings ;  hence,  should  any  one 
differ  in  opinion  from  his  colleagues,  and  be  desir- 
ous of  placing  his  views  and  conclusions  before 
the  assembly,  he  may  do  so  by  making  a  separate 
and  distinct  report,  immediately  after  that  of  the 
majority. 

§  2.  Whenever  any  one  of  a  committee  feels  it 
his  duty  to  make  a  statement  different  from  his 
colleagues,  he  should  signify  his  desire  to  some 
member,  who  should  move  that  action  on  the  re- 
port of  the  majority  be  postponed  in  order  to  hear 
that  of  the  minority,*  and  immediately  after  it  is 
made,  a  motion  will  be  in  order  to  take  up,  for 
consideration,  the  report  of  the  majority,  but  that 
of  the  minority  may  be  substituted  for  it,  or  the 
subject  may  be  recommitted  with  instructions,  or 
the  whole  matter  may  be  referred  to  a  new  com- 
mittee. 

PRECEDENCE  OF   QUESTIONS. 

§  1.  THE  proposition  first  moved  and  seconded 

*  When  the  minority  are  not  ready  to  report,  the  whole  matter  may 
be  postponed  till  another  meeting,  or  the  assembly  may  proceed  at 
once  to  act  on  the  report  of  the  majority.  Whenever  a  committee  may 
be  divided,  the  following  are  the  appropriate  forms  :  The  undersigned, 

a  majority  of  the  committee  on  the  ,  to  whom  was  referred  the 

relating  to  ,  have  bestowed  upon  them  that  deliberate  con- 
sideration which  their  importance  is  entitled  to,  and  beg  leave  to  sub- 
mit the  following  report : 

Report  of  the  Minority  of  the  Committee  on  the 

The  undersigned,  a  minority  of  the  committee  on  the ,  to  which 

were  referred  the relating  to ,  beg  leave  to  submit  the  follow- 
ing report : 


Re.120.Ho. 
Reps.  p.  100. 
See  recom- 
mitment, p. 
166. 


Jeff.  Man. 
p.  168,  thif 
book. 


248  PRECEDENCE  OP  QUESTIONS. 


should  be  put  first,  unless  a  privileged  question 
arises. 

§  2.  The  following  are  privileged  questions,  and 
have  precedence  in  the  order  in  which  they  are 
arranged : 

1.  A  motion  to  fix  the  day  to  which  the  as- 
sembly shall  adjourn. 

2.  To  adjourn. 

3.  To  lie  on  the  table. 

4.  For  the  previous  question. 

5.  To  postpone  to  a  day  certain. 

6.  To  commit. 

7.  To  amend. 

8.  To  postpone  indefinitely. 

§  3.  The  design  of  the  privileged  questions  is  to 
subserve  the  interests  of  the  assembly.  A  propo- 
sition, of  great  benefit,  may  be  brought  forward, 
which  the  majority  may  not  comprehend,  and  con- 
sequently deem  useless,  or  inexpedient,  and  which, 
if  put  to  a  direct  vote,  would  be  rejected ;  hence, 
the  motion  to  lay  a  proposition  on  the  table,  which 
admits  of  no  amendment,  will  often  prevail,  and 
upon  further  examination  it  may  be  called  up  and 
passed  by  the  votes  of  those  who,  if  urged  to  vote 
in  the  first  instance,  would  have  rejected  it. 

§  4.  The  previous  question  is  designed  to  rid  the 
assembly  of  an  unnecessary  discussion.  It  is  not  in 
order,  and  should  not  be  put  unless  demanded  by 
a  majority  present.  The  postponement  to  a  day 
certain,  gives  the  members  more  time  for  deliber- 


PRECEDENCE   OP   QUESTIONS. 


ating  thereon,  or  affords  them  an  opportunity  to  at- 
tend  to  other  business  requiring  immediate  action. 

§  5.  When  a  proposition  ought  to  be  condensed, 
simplified,  or  materially  altered  in  any  way,  it 
should  be  referred  to  a  committee.  If  it  need  only 
a  slight  alteration,  a  motion  to  amend  it  may  be 
all  that  is  necessary. 

§  6.  When  it  is  desirable  to  reject  any  question 
in  a  delicate  manner,  indefinite  postponement 
should  be  moved. 

§  7.  The  main  question  may  also  be  delayed  by 
the  introduction  of  questions  which  affect  the  per- 
sonal rights  and  privileges  of  the  members,  or  of 
the  assembly  itself;  for  example,  a  quarrel  may 
arise  between  some  of  those  assembled,  or  the 
business  of  the  meeting  may  be  interrupted  by 
some  other  kind  of  disorder. 

§  8.  Questions  growing  out  of  cases  of  this  de- 
scription, take  the  precedence  of  all  others,  except 
those  pertaining  to  adjournment,  and  should  al- 
ways be  first  decided.  When  order  has  been  re- 
stored, business  should  be  immediately  resumed 
at  the  point  at  which  it  was  suspended. 

§  9.  A  question  that  arises  out  of  another, 
should  be  decided  before  the  original  one,  from 
which  it  arose ;  hence  an  amendment  to  an  amend- 
ment should  be  first  put;  then  the  amendment, 
and  lastly  the  original  question,  either  with  or 
without  amendment,  as  the  case  may  be. 

§  10.  When  a  question  of  order  arises,  it  arrests 
all  consideration  of  the  subject  out  of  which  it 


iSec.5, 


See  privi- 
eged  ques- 
tions, page 
171. 


Custom  of 
Congress. 


Sec  p.  170 


Cart.  Qo 
jReps. 


ADJOURNMENT.— ORDERS   OP   THE   DAY. 


arose,  and  should  be  first  decided,  after  which  the 
business  that  gave  rise  to  it  should,  unless  disposed 
of  by  the  question,  be  resumed  at  the  point  at 
which  it  was  suspended.  All  questions  of  order 
should  be  promptly  decided,  without  debate,  by  the 
presiding  officer. 

ADJOURNMENT. 

§  1.  A  MOTION  to  adjourn  is  always  in  order,  un- 
less it  be  made  immediately  after  the  question  to 
adjourn  has  been  negatived  ;*  then  it  would  not 
be  in  order,  for  the  question  already  decided  would 
be  the  same  as  the  one  following  it. 

§  2.  An  assembly  may  adjourn  for  conference, 
or  for  a  certain  number  of  minutes. 

§  3.  Should  a  regular  adjournment  take  place 
during  the  consideration  of  any  business,  or  before 
any  question  is  decided,  the  subject  before  the  as- 
sembly at  the  time  is  thereby  removed,  and  will 
not  come  up  as  the  first  business  of  the  next  meet- 
ing, but  will  take  its  place,  as  the  first  item  in 
order  on  the  roll  of  unfinished  business. 

OEDERS   OF   THE   DAY. 

§  1.  WHEN  any  subject  before  an  assembly  is 
postponed  to  a  certain  day,  it  is  called  the  ORDER 
for  that  day.  If  two  or  more  subjects  be  post- 
poned to  the  same  day,  they  form  the  orders  for 
that  day. 


*  Or  unless  a  motion  be  made  to  fix  the  time  to  •which  the  assembly 
will  adjourn.     [See  note  to  Rule  48,  Ho.  Reps.  p.  80.] 


READING    PAPERS. 


251 


§  2.  If  a  subject  be  postponed  to  a  certain  hour 
of  the  day  named,  it  is  not  a  privileged  question 
before  that  time.  If  no  hour  be  stated,  it  takes 
precedence  of  all  other  business  for  every  part  of 
that  day,  or  so  much  of  it  as  is  necessary  for  the 
final  decision. 

§  3.  A  motion  for  the  order  of  the  day  takes 
precedence  of  all  other  questions,  and  should  be 
first  put  to  vote ;  unless  a  motion  be  made  to  ad- 
journ, or  a  question  arise  respecting  the  rights  and 
privileges  of  the  assembly,  or  some  of  its  mem- 
bers. 

§  4.  The  business  before  an  assembly,  at  the 
time  it  is  decided  to  take  up  the  special  orders  of 
the  day,  is  affected  precisely  the  same  as  if  it  had 
then  adjourned,  and  comes  up,  as  a  matter  of 
course,  first  on  the  roll  of  unfinished  business  at 
the  next  meeting. 

READING  PAPERS. 

WHEN  documents,  or  papers  of  any  kind,  bearing 
directly  on  the  question,  are  in  possession  of  the 
assembly,  any  member  may  demand  that  they  be 
once  read,  and  it  is  the  duty  of  the  presiding  offi- 
cer to  take  the  vote  thereon;  or  when  it  appears 
evident  that  the  reading  of  a  paper  will  give  im- 
portant information,  and  tend  to  dispatch  business, 
he  may  direct  the  secretary  to  read  it,  but  if  any 
member  object,  a  vote  should  at  once  be  taken  as 
aforesaid. 


Re.  30,  Sea 
p.  1JO. 


Jeff.  Man.  p. 
160  and  168, 
this  book. 


Re.  58,  Ho. 
Reps.  p.  84 


Re.  57,  Do. 
Reps.  p.  84. 
Rulel4,S«n. 
p.  127. 


252 


ORDER   OF  BUSINESS. — THE   PREVIOUS   QUESTION. 


ORDER   OF   BUSINESS. 

§  1.  IF  an  important  motion,  or  business  of  any 
kind,  be  obstructed  by  some  rule  or  regulation,  it 
may  be  suspended,  for  the  purpose  of  disposing  of 
the  same  by  a  vote  of  two-thirds  of  the  members 
present. 

§  2.  A  motion  to  suspend  should  always  be  put 
before  the  consideration  of  the  question  which 
would  be  in  order  by  the  rules  of  the  assembly. 

§  3.  No  motion  or  proposition  on  a  subject  differ- 
ent from  that  under  consideration,  should  ever  be 
allowed,  by  way  of  amendment. 

THE   PREVIOUS  QUESTION. 

§  1.  WHEN  the  previous  question  is  moved,  and 
seconded  by  a  majority,  the  presiding  officer  should 
rise  and  say,  "  The  previous  question  has  been 
moved  and  seconded.  Shall  the  main  question* 
be  now  put?" 

§  2.  The  object  of  a  call  for  the  previous  ques- 
tion is,  generally,  to  wind  up  a  tedious  and  unpro- 
fitable debate.  This  question,  if  decided  in  the 
affirmative,  suspends  all  further  consideration  of 
the  main  subject,  and  stops  all  debate  or  amend- 
ment pertaining  thereto,f  and  the  vote  is  at  once 
taken  without  further  deliberation. 


*  The  main  question  is  the  principal  and  original  subject.  See  the 
note  to  Rule  50  at  the  bottom  of  the  81st  pago. 

f  In  Congress,  the  mover  of  the  previous  question  aims  to  get  an 
affirmative  decision,  and  bring  the  subject  to  a  direct  vote.  In  Parlia- 
ment, on  the  contrary,  the  design  is  to  get  a  negative  decision,  and  sup- 
press a  vote  on  the  question  altogether.  A  negative  decision,  accord- 


THE   PREVIOUS   QUESTION. 


253 


§  3.  A  direct  vote  may  be  taken  on  any  subject, 
without  the  previous  question,  by  a  rule  that  after 
a  specified  time,  appropriated  to  its  consideration, 
all  debate  thereon  shall  cease,  and  that  the  assem- 
bly shall  vote  directly  on  all  questions  pertaining 
thereto. 

§  4.  Or  a  society  may  make  a  rule  that  no  mem- 
ber shall  speak  more  than  once,  nor  longer  than  a 
certain  number  of  minutes. 

§  5.  No  debate  should  ever  be  allowed  on  the 
previous  question  after  it  is  properly  demanded, 
but  the  vote  should  always  be  first  taken  on  the 
auxiliary,  or  as  they  are  sometimes  called,  subsi- 
diary questions,  provided  the  main  subject  is  so 
encumbered. 

§  6.  For  example,  suppose  it  has  been  moved 
and  seconded  to  refer  the  main  question  to  a  com- 
mittee previous  to  the  call  for  it ;  then  the  vote 
should  first  be  taken  on  that  proposition,  and 
should  it  prevail,  the  main  question  would  be  dis- 
posed of.  But  if  not,  the  next  vote  should  be  on 
amendments,  if  any,  reported  by  a  committee ;  then 
on  amendments,  if  any,  proposed  in  the  assembly ; 
and  lastly  on  the  main  question  itself.* 

§  7.  If,  when  the  previous  question  is  called, 


ing  to  Parliamentary  usages,  puts  off  all  further  consideration  of  the 
main  question  ;  but  by  a  negative  decision,  according  to  the  custom  of 
Congress,  the  debate  goes  on  the  same  as  if  the  motion  for  the  previous 
question  had  not  been  made. 

*  The  Parliamentary  practice  is  contrary  to  the  Congressional  rule 
in  regard  to  this  question.  See  previous  question,  Jefferson's  Manual, 
page  172  this  book. 

~22  . 


Re.  34,  Ho. 

Reps.,  p.  76. 


Re.  51.IIo. 
Reps.  p.  82. 


Re.  50,  Ho. 
Reps.  p.  81. 


Re.  46,  Ho. 
Reps.  p.  79 


254 


THE   MOTION   TO    COMMIT — AMENDMENTS. 


Re.  55,  Ho. 

Reps.  p.  82. 


Be.  46,  Ho. 
Eeps.  p.  79. 


1U».  46,  Ho. 
Reps.  p.  79. 


Jeff.  Man 
p.  174,  this 
book. 


there  be  no  secondary  questions  pending,  then  the 
vote  should  be  taken  directly  on  the  main  ques- 
tion. 

§  8.  A  motion  to  postpone  to  a  certain  day  may 
be  amended  by  the  substitution  of  a  different  time, 
provided  it  be  within  the  session  of  the  assembly, 
so  as  not  to  make  the  subject  different  from  the 
one  first  under  consideration. 

THE   MOTION    TO   COMMIT. 

§  1.  THE  motion  to  commit*  is  next  in  order, 
and  may  be  amended  by  substituting  a  different 
committee,  by  increasing  or  diminishing  the  num- 
ber, or  by  instructing  the  committee  to  introduce 
some  particular  amendment. 

§  2.  When  a  motion  to  commit,  or  recommit, 
as  the  case  may  be,  is  decided  in  the  affirmative, 
the  principal  question,  and  every  thing  pertaining 
thereto,  is  removed,  for  the  time  being,  from  the 
assembly ;  but  if  it  be  negatived,  it  will  still  re- 
main, and  must  be  disposed  of  in  some  other  way. 

AMENDMENTS. 

§  1.  THERE  are  three  different  ways  of  making 
amendments : 

1st.  By  inserting  or  adding  some  specified  word, 
phrase,  sentence  or  section. 

2d.  By  striking  out  some  specified  word,  phrase, 
sentence  or  section. 


*  Or  if  the  subject  has  been  once  before  a  committee  to  re-commit. 


AMENDMENTS. 


255 


3d.  By  striking  out  some  particular  part,  and 
inserting,  or  adding  in  its  stead,  or  otherwise,  some 
word,  phrase,  sentence  or  section. 

§  2.  Every  proposition  of  several  sections  ought 
to  be  first  read  throughout  by  the  secretary.  Then 
the  presiding  officer  should  read  it,  by  clauses, 
beginning  immediately  after  the  preamble,  and 
pausing,  at  the  end  of  each  clause,  to  give  room 
for  inquiries,  amendment,  &c. 

§  3.  After  any  portion  of  a  bill,  or  paper,  has 
been  amended,  it  is  not  in  order  to  go  back  and 
make  any  additional  alteration  or  amendment. 
The  only  means  to  reach  this  point  is  by  reconsi- 
deration. 

§  4.  The  right  way  to  consider  and  amend  every 
j  paper,  is  to  commence  at  the  beginning  and  go 
I  through  it  by  clauses.  But  on  the  second  reading 
by  the  presiding  officer,  the  preamble,  if  any, 
should  be  omitted  till  all  the  other  parts  have 
been  acted  on,  for  the  reason,  that  on  the  exami- 
nation of  the  balance  of  the  paper,  such  changes 
may  be  made  therein  as  to  require  the  alteration 
of  the  preamble. 

§  5.  It  is  in  order  to  move  an  amendment  to  an 
amendment,  but  no  further.*  When,  in  the  opin- 
ion of  any  member,  an  amendment  to  the  amend- 
ment may  be  improved,  he  may  give  notice  that 
if  rejected  in  the  form  A.  B.,  in  which  it  is  pre- 
sented, he  will  move  it  again  in  the  form  C.  D.,  in 
which  he  desires  it. 


*  It  is  never  in  order  to  amend  an  amendment  to  an  amendment. 

page  288. 


lle.l27,Ho. 
Reps.  p.  103. 


Jeff.  Man. 
Clause  2d, 
p.  164,  this 
book. 


Custom  of 
Cong,  and 
Jeff.  Man~, 
Clause  SH 
p.  164. 


Cost  Ho. 
Reps. 


AMENDMENTS. 


§  6.  A  resolution  may  be  amended  by  striking 
out  all  after  "  resolved,"  and  inserting  a  new  pro- 
position, provided  it  relates  to  the  subject  under 
consideration. 

§  7.  If  it  be  moved  to  amend,  by  striking  out  a 
paragraph,  the  friends  of  that  paragraph  may  make 
it  as  perfect  as  they  can  by  amendments,  before  the 
question  is  put  for  striking  it  out.  -  In  such  cases 
the  amendments  become  a  part  of  the  original 
proposition,  if  the  first  motion  to  strike  out  should 
be  rejected. 

§  8.  Again  if  it  be  moved  to  amend  by  striking 
out  certain  words,  it  may  be  moved  as  an  amend- 
ment to  that  motion,  to  strike  out  only  a  part  of 
the  words  proposed  to  be  stricken  out  by  the  first 
amendment ;  which  latter  motion,  if  it  prevail,  is 
equivalent  to  leaving  the  words,  stricken  out  of  the 
first  amendment,  in  the  bill.  [See  page  288.] 

§  9.  A  motion  for  an  amendment,  once  nega- 
tived, cannot  be  renewed  in  the  same  form. 

§  10.  If  an  amendment  be  proposed  and  agreed 
to,  by  striking  out  or  inserting  some  specified  word 
or  words,  the  question  cannot  again  be  put  to 
strike  out  or  insert  the  same  words.  The  propo- 
sition, in  its  original  form,  can  only  be  had  by  re- 
consideration. 

§  11.  But  the  same  words,  or  a  part  of  them,  may 
again  be  used  in  connection  with  other  words,  pro- 
vided they  are  so  arranged  as  to  make  a  proper 
coherence  and  a  different  proposition. 

§  12.  When  it  is  moved  to  amend  by  striking 


MODE   OF    DEBATE. 


257 


out,  or  by  adding  or  inserting,  or  by  striking  out 
some  specified  words  and  adding  or  inserting 
others,  the  question  should  be  stated  by  reading 
the  whole  proposition  to  be  amended  as  it  stands. 
Then  the  words  proposed  to  be  stricken  out.  Next, 
those  to  be  inserted,  and  finally  the  whole  propo- 
sition as  it  will  be  if  amended. 

§  13.  After  all  the  amendments  have  been  dis- 
posed of,  the  presiding  officer  should  put  the  final 
question,  on  agreeing  to,  or  adopting  the  whole 
bill,  or  paper,  amended,  or  unamended,  as  the 
case  may  be. 

MODE  OF  DEBATE. 

§  1.  No  person,  in  speaking,  should  mention 
any  one  present  by  name,  but  ought  to  describe 
him  by  the  place  or  State  he  represents,  or  as  the 
member  on  my  right  or  left,  or  the  member  who 
spoke  last,  or  the  last  but  one,  or  the  gentleman  on 
the  other  side  of  the  question,  or  my  colleague,  or 
the  gentleman  who  offered  the  resolution  or  the 
amendment,  &c. 

§  2.  The  object  of  this  mode  of  procedure  is  to 
do  away  with  all  manner  of  excitement,  and  to 
exclude  all  personal  feeling,  both  of  friendship  and 
of  enmity.  The  members  should  each  act  in  an 
official,  not  personal,  capacity. 

§  3.  No  one  should  ever  use  language  offensive 

or  insulting  to   the   assembly,   or   any  member 

I  thereof.     The  consequences  of  a  measure  may  be 

denounced  in  strong  terms,  but  everything  per- 

22*  R 


Jeff.  Man. 
clause  2d,  p. 
174,tW»bk. 


Jeff.  Man. 
p.  157,  this 
book. 


Clause  0, 
p.  167. 


258 


MODE   OP  DEBATE 


taining  to  the  motives  of  those  who  advocate  it, 
should  be  scrupulously  avoided. 

§  4.  When  a  member  is  called  to  order,  the  ex- 
ceptionable words  should,  at  once,  be  written 
down. 

§  5.  "When  a  member  has  spoken  once,  and  de- 
sires to  occupy  the  floor  again,  before  others  wish- 
ing to  speak  have  done  so,  he  ought  to  ask  leave 
of  the  presiding  officer,  who  says,  "  Shall  the 
member  have  leave  ?"  If  no  objection  be  made, 
or  if  objected  to  and  decided  in  the  affirmative,  he 
says,  "  The  gentleman  will  proceed." 

§  6.  Leave  should  always  be  obtained  to  make 
any  statement  to  the  asst  mbly  which  does  not  in- 
volve a  motion.  No  subject  ought  to  be  consid- 
ered open  for  debate  till  after  it  has  been  stated  by 
the  presiding  officer. 

§  7.  All  incidental  questions  of  order,  motions 
to  reconsider,  to  take  up  particular  items  of  busi- 
ness, and  to  read  documents  pending  a  question, 
should  be  promptly  decided  without  debate. 

§  8.  No  member  should  be  permitted  to  occupy 
more  than  one  hour  in  debate.  In  societies  that 
hold  only  one  meeting,  it  will  be  advantageous 
to  limit  each  individual  to  a  certain  number  of 
minutes. 

§  9.  Whenever  a  member  is  declared  out  of 
order,  he  should  not  be  permitted  to  proceed,  if 
any  one  object,  without  the  consent  of  the  as- 
sembly. 

§  10.  A  faithful  observance  of  the  rules  for  con- 


QUESTIONS   NOT   DEBATABLE.  259 


ducting  public  business  best  promotes  the  har- 
mony, prosperity,  and  usefulness  of  every  deliber- 
ative body.  It  is  not  enough  for  a  few  to  un- 
derstand legislative  proceedings,  for  then  business 
is  transacted  and  power  exercised  by  a  minority, 
the  real  criterion  of  a  monarchy. 

§  11.  The  genius  of  free  institutions  presupposes 
that  each  member,  however  humble,  as  an  indi- 
vidual, has  an  equal  right  with  every  other  one,  to 
submit  his  propositions,  bring  forward  official  busi- 
ness, explain,  recommend,  and  discuss  all  matters 
pertaining  thereto. 

.  §  12.  No  assembly  should  ever  know  a  member 
either  with  undue  favor  or  prejudice,  but  should 
always  look  to  the  merits  of  the  case,  and  pa- 
tiently examine  and  deliberately  decide  thereon. 

QUESTIONS   NOT   DEBATABLE. 

§  1.  IN  order  to  economize  time,  and  secure  dis- 
patch of  business,  the  following  questions  should 
never  be  debated : 

1.  A  motion  to  fix  the  day  of  adjournment.  Re.4s.Ho. 

,.  J  Reps.  p.  80. 

2.  A  motion  to  adjourn. 

3.  A  motion  to  lie  on  the  table. 

4.  The   previous   question,  and   all   incidental 
questions  pertaining  thereto. 

5.  All  appeals  in  calls  to  order. 

6.  All  questions  relating  to  priority  of  business. 

7.  A  motion  to  read  any  paper. 

8.  A  motion  to  take  the  yeas  and  nays. 


Re.  50  and 
51,  Ho.  Rep. 
pp.  81  and 
182. 

Re.  35,  Ho. 
Rep.  p.  77. 
Re.  113,  Ho. 
Reps,  p.  98. 
Re.  14,  Sen, 
'p.  127. 
Re.  16,  Sen. 
p.  127. 


260 


Custom  o 
Congress. 


Ke.  6,  Sen 

p.  125. 


THE   DIVISION   OP  A   QUESTION. 


Re.  53,  H< 
Eeps.  p.  82. 
And    Re 
12,    Sen. 
126. 


Re.  151 
Ho.  Heps,  p 
106. 


Re.  53,  IIo 
Eeps.  p.  82. 


9.  A  motion  relating  to  priority  of  business  or 
to  any  particular  part  thereof. 

10.  A  motion  to  reconsider. 

11.  And  all  motions  relating  to  order  should  be 
promptly  put  or  decided  by  the  presiding  officer, 
subject,  however,  to  an  appeal. 

THE  DIVISION  OF   A  QUESTION. 

§  1.  WREN  a  question  in  debate  contains  two  or 
more  separate  and  distinct  points,  any  member 
may  have  the  same  divided.  When  there  is  a  call 
I  for  the  division  of  a  question,  the  presiding  officer 
should  determine  whether  it  is  susceptible  of  sepa- 
ration ;  if  so,  into  how  many  parts  it  may  be  divi- 
ded. 

§  2.  The  member  who  calls  for  the  division  of  a 
question,  should  also  state  the  form  in  which  he  pro- 
poses to  have  it  taken,  for  a  motion  to  divide  as- 
sumes the  nature  of  an  amendment,  and  as  such 
may  be  amended. 

§  3.  It  may  happen  that  a  proposition  will  con- 
tain several  separate  and  distinct  parts,  some  of 
which  may  be  very  pernicious,  while  the  others 
will  be  exceedingly  beneficial.  Hence  the  wisdom 
of  the  rule  in  permitting  any  member  to  demand 
a  division.  It  offers  the  shortest  way  of  amend- 
ment, and  throws  every  question  upon  its  own  in- 
trinsic merit.* 


*  This  rule,  though  sanctioned  by  both  Houses  of  Congress,  is  con- 
trary to  the  Parliamentary  rule.  See  division  of  the  question,  Jeffer- 
son's Manual,  page  175,  this  book. 


TO   LIE   ON   THE  TABLE. 


261 


INDEFINITE    POSTPONEMENT. 

INDEFINITE  postponement  admits  of  neither  de- 
bate nor  amendment;  it  suppresses  a  question  al- 
together, without  coming  to  a  direct  vote  thereon 
in  a  way  which  cannot  be  renewed  during  the  ses- 
sion. This  motion  decided  in  the  affirmative  in 
Congress,  is  equivalent  to  the  previous  question 
decided  in  the  negative  according  to  the  ancient 
rule  in  parliament. 

POSTPONEMENT   TO  A  CERTAIN  TIME. 

WHEN  an  assembly  has  more  subjects  before  it 
than  can  be  disposed  of  in  one  day ;  or  when  its 
members  wish  for  more  information,  or  want  time 
for  examination  and  reflection,  a  motion  should 
be  made  to  postpone  the  business  to  a  certain 
time,  when  different  days  are  named,  the  question 
should  be  first  put  on  the  longest  period. 

•) 

TO  LIE  ON  THE   TABLE. 

§  1.  THE  motion  to  lie  on  the  table  takes  pre- 
cedence of  every  other,  except  that  of  adjournment. 
When  an  assembly  wishes  to  lay  aside  the  consi- 
deration of  any  proposition  for  a  short,  but  indefi- 
nite time,  the  motion  to  lie  on  the  table  should  be 
made. 

§  2.  If  this  motion  be  decided  in  the  affirmative, 
the  main  question,  with  every  thing  pertaining 
thereto,  is  removed.  All  subjects  lying  on  the 


Re.  62,  Ho. 

Reps.,  p.  82. 


Custom  of 
Congress. 


Re.  130,  Ho. 
Hep.  p.  102. 


Re.  46,  Ho. 
Reps.  p.  79. 


262 


THE  MOTION   TO  RECONSIDER. 


table  may  be  renewed  whenever  it  suits  the  con- 
venience of  the  assembly. 

§  3.  The  motion  to  lie  on  the  table  is  often  re- 
sorted to  by  those  unfavorable  to  a  proposition,  the 
operation  of  the  rule  being  similar  to  the  ancient 
application  of  the  previous  question,  for,  unless  a 
majority  afterwards  consent  to  take  up  the  subject, 
it  is  quashed. 

§  4.  When  it  is  proposed  to  lay  any  proposition, 
report,  resolution,  or  paper  on  the  table,  the  friends 
of  the  measure  should  have  it  limited  to  a  specified 
time,  or  until  certain  questions  have  been  decided; 
after  which,  a  motion  should  be  made  that  the 
assembly  proceed  to  consider  the  subject  on  the 
table. 

THE   MOTION   TO   RECONSIDER. 

§  1.  WHEN  a  motion  has  been  carried,  either  in 
the  affirmative  or  negative,  it  is  in  order  for  any 
member  who  voted  on  the  side  which  prevailed  to 
move  for  a  reconsideration,  on  the  same  or  the 
succeeding  day,  or  at  the  next  meeting  after  the 
one  at  which  the  question  proposed  to  be  recon- 
sidered was  passed  or  rejected. 

§  2.  But  no  motion  to  reconsider  is  in  order 
after  the  subject  upon  which  the  vote  was  taken 
shall  have  been  announced,  by  authority,  and  gone 
out  of  the  possession  of  the  assembly. 

§  3.  In  all  cases  a  motion  to  reconsider  should 
be  decided  by  a  majority  of  the  votes  present,  and 
it  takes  precedence  of  all  other  questions,  except 


APPEAL. 


those  to  adjourn,  and  brings  the  whole  subject  up 
for  debate  the  same  as  if  it  had  not  been  acted  on. 
§  4.  Adroit  politicians  sometimes  vote  on  the 
side  of  their  opponents  when  a  question  is  likely  to 
be  lost  for  the  purpose  of  moving  a  reconsidera- 
tion ;  but  if  it  appears  that  a  few  members  wish 
to  retard  the  public  business  by  this  manoeuvre,  it 
is  proper  to  lay  the  motion  to  reconsider  on  the 
table,  which  effectually  disposes  of  it,  unless  a  ma- 
jority desire  to  call  it  up  again. 


APPEAL. 

§  1.  A  DECISION  of  a  presiding  officer  may  be 
made  the  subject  of  appeal  by  any  two  members, 
and  the  motion  to  appeal  may  then  be  debated  and 
decided  the  same  as  any  other  question.  The  pre- 
siding officer  may  give  the  reasons  for  his  decision, 
but  neither  he  nor  any  member  should  speak  more 
than  once,  without  leave  of  the  assembly. 

§  2.  When  an  appeal  is  made  from  the  decison 
of  the  chair,  the  question  ought  to  be  put  in  the 
following  manner:  " SHALL  THE  DECISION  OF  THE 

CHAIR  STAND  AS  THE  DECISION  OF  THE  ASSEMBLY?7 

§  3.  The  appeal  and  the  vote  thereon  should  be 
recorded  by  the  secretary.*  The  question  of  ap- 
peal supersedes,  for  the  time  being,  the  further 
consideration  of  the  subject  before  the  assembly ; 
but  so  soon  as  it  is  settled  business  should  be  re- 
sumed at  the  point  at  which  it  was  interrupted. 


*  It  is  always  in  order  to  move  that  the  appeal  lie  on  the  table. 


268 


Re.  66,  Ha 

;<•:•-..    and 
Note,  p.  83. 


Re.  2,  Ho. 

Reps.  p.  67. 


MOTIONS. 


Rls.  9  and 
10,  Sen.  p. 
126. 


Re.  43,Ho. 

Reps.  p.  79. 


Re.45,Ho. 
Reps.  p.  79. 


MOTIONS. 

§  1.  No  MOTION  should  be  put  till  it  be  seconded 
by  some  member.*  Every  motion  should,  if  de- 
sired by  the  presiding  officer,  or  any  member,  be 
reduced  to  writing,  and  read,  before  any  action  or 
debate  thereon. 

§  2.  Every  motion  properly  made  should  either 
be  stated  by  the  presiding  officer,  or,  being  in  writ- 
ing, read  aloud  by  the  secretary. 

§  3.  After  a  motion  is  stated,  or  read,  it  is  in 
possession  of  the  assembly,  but  may  be  withdrawn 
by  the  mover  at  any  time  before  an  amend- 
mentf  or  decision. 

§  4.  When  a  question  is  stated,  the  presiding 
officer  should  first  give  the  floor  to  the  mover,  if 
he  rises  to  speak.  When  a  motion  to  consider  any 
particular  item  of  business  is  negatived,  it  cannot 
be  renewed  till  some  other  subject  has  been  dis- 
posed of. 

§  5.  When  business  is  brought  before  an  assem- 
bly which  is  not  desirable  to  consider,  a  motion  for 
indefinite  postponement  may  be  made. 

§  6.  When  a  subject  is  presented  in  a  suitable 
form,  a  motion  to  proceed  with  its  consideration,  or 
to  adopt,  or  reject  it,  may  be  made. 

§  7.  When  the  general  outline  of  a  proposition 
is  acceptable,  and  desirable  to  be  passed,  with  some 


*  The  presiding  officer,  if  a  member  of  the  assembly,  may  second  the 
question. 

•j-  After  an  amendment  it  can  only  be  withdrawn  by  general  consent, 
or  by  a  unanimous  vote. 


QUORUM. 


266 


erasures,  additions,  or  other  changes,  a  motion  to 
amend  may  be  made. 

QUORUM.* 

§  1.  EVERY  assembly,  to  attain  the  highest  de- 
gree of  usefulness,  should  have  the  respect  and 
confidence  of  the  community.  Important  ques- 
tions may  be  decided  by  one  vote. 

§  2.  It  is  to  be  presumed  that  the  larger  the 
number  present,  the  more  wisdom  will  be  brought 
to  bear  on  the  subject  under  consideration ;  the 
less  hasty  and  ill  advised  will  be  the  proceedings , 
the  more  in  accordance  with  the  will  of  the  majority 
and  the  welfare  of  the  whole  community,  will  be 
the  action  of  the  assembly.  Hence,  a  majority  of 
all  the  members  should  be  necessary  to  form  a 
quorum  .f 

§  3.  Business  cannot  be  lawfully  commenced 
without  a  quorum,  nor  can  the  proceedings  go  on, 
if  at  any  time  there  be  not  a  majority  of  mem- 
bers present. 

§  4.  A  less  number,  of  a  permanent  assembly, 
than  a  quorum  may  send  for  the  absent  members, 
or  adjourn  from  time  to  time,  till  a  quorum  be  ob- 
tained.;]; 


*  Any  assembly  may  make  a  rule  that  a  smaller  number  than  a  ma- 
jority shall  constitute  a  quorum. 

f  No  one  should  accept  a  public  trust,  unless  there  is  a  strong  proba- 
bility that  he  will  be  able  to  serve  his  constituents,  by  giving  the  busi- 
ness committed  to  his  charge  his  personal  attention  and  support. 

J  See  Quorum,  Sec.  3,  Jeff.  Man.,  page  150,  this  book. 

23 


Re.  l.IIo. 
Reps.  p.  67. 

Const  U. 
S.,  .Art  1, 
Sec.  5,  p.  11, 
this  book. 


Re.  126,  Ho. 
Rep.  p.  101. 


Re.  65,  Ho. 
Rep.  p.  86. 

Re.  8,  Sen. 
p.  226. 


THE  QUESTION. 


Custom  of 
Spkra  Ho, 
Reps. 


Custom  of 
Congress. 


§  5.  No  member  should  be  permanently  absent, 
from  the  services  of  the  assembly,  unless  he  have 
leave,  or  be  sick,  or  unable  to  attend. 

THE   QUESTION. 

§  1.  WHEN  a  member  offers  any  subject  for  the 
consideration  of  an  assembly,  his  proposal  is 
called  a  motion ;  when  the  motion  is  stated  by  the 
presiding  officer  for  acceptance  or  rejection,  it  is 
called  a  question ;  when  the  question  is  adopted, 
it  becomes  the  judgment  and  act  of  the  assembly, 
and  is  called  its  resolution  or  law. 

§  2.  Whenever  deliberation  on  any  subject 
appears  to  be  closed,  the  presiding  officer  should 
rise  and  say,  "  Is  the  assembly*  ready  for  the  ques- 
tion ?"  And,  after  a  momentary  pause,  unless  in- 
terrupted, he  proceeds  to  state  the  question,  or 
calls  on  the  secretary  to  read  it,f  and  then  takes 
the  vote  thereon. 

§  3.  Whenever  it  is  reasonable  to  suppose  that 
no  objection  will  be  made,  the  presiding  officer 
may  economize  the  time  of  the  assembly,  by  dis- 
pensing with  the  formality  of  taking  a  vote,  by 
saying,  "  If  no  objection  be  offered  the  report  will 
be  received."  "The  petition  will  be  received." 


*  Society,  meeting,  or  convention,  as  the  case  may  be. 

f  It  will  often  occur  that  the  question  can  only  be  stated  by  the  presid- 
ing officer.  The  presentation  of  petitions ;  the  reports  of  committees ;  the 
call  for  the  yeas  and  nays,  &c.,  are  examples  of  this  kind.  In  these 
cases  the  question  should  be,  "  shall  the  petition,  or  the  report  be  re- 
ceived?" "It  is  moved  and  seconded  that  the  yeas  and  nays  bo 
taken,"  &c. 


THE   YEAS   AND   NAYS. 


"  The  secretary  will  read  the  paper."  "  The  gen- 
tleman from ,  has  leave  to  withdraw  the  mo- 
tion," &c. 

§  4.  In  every  instance  of  this  kind,  the  consent 
of  the  assembly  is  taken  for  granted.  If  any  one, 
immediately  after  a  vote  has  been  declared  in 
this  summary,  but  informal  way,  offers  any  objec- 
tion, the  presiding  officer  should  say,  "  The  ques- 
tion has  been  objected  to."  It  cannot  be  put 
unless  regularly  moved  and  seconded. 

§  5.  An  intelligent  and  skilful  officer  will  cause 
an  assembly  to  dispatch,  in  a  proper  manner,  more 
business  in  one  day,  than  an  indolent ,  or  unin- 
formed one  would  accomplish  in  thrice  the  time. 

§  6.  In  stating  a  question,  the  affirmative  should 
always  be  put  first.  No  member  should  vote  who 
was  not  in  the  room  at  the  time  the  question  was 
put,  but  every  one  present  then  should  vote,  unless 
he  has  a  direct  personal  or  pecuniary  interest  in 
the  question,  or  unless  he  is  excused. 


THE   YEAS   AND   NATS. 

§  1.  WHEN  questions  of  great  importance  are 
before  an  assembly,  the  members  should  vote 
with  the  utmost  care  and  deliberation.  To  secure 
wise  legislation,  and  impress  representatives  with 
a  due  sense  of  responsibility  to  their  constituents 
and  to  the  Union,  the  framers  of  the  CONSTITUTION  of 
the  United  States,  inserted  a  clause  requiring  both 
Houses  of  Congress  to  keep  a  record  of  the  votes 


Customer 
Congress. 


Re.  4,  He 
Reps.  p.  67. 

Re.  40,  Ho 
RepB.  p.  78. 


Re.  42,  Ho. 
Heps.  p.  79. 


Const..  U. 
8,    Art.    1, 


THE  YEAS   AND   NAYS. 


Re.  4,  Ho. 
Heps.  p.  67. 


of  the  members  thereof,  whenever  desired  by  one- 
fifth  of  those  present.* 

§  2.  This  precaution  was  necessary,  for  in  all 
the  Parliamentary  rules  of  England,  which  were 
generally  adopted  in  the  United  States,  no  pro- 
vision of  the  kind  exists.  This  is  a  feature  too 
republican  in  character  to  suit  monarchial  legisla- 
tion, and  it  is  a  reason  why  CONGRESSIONAL  rules 
should  be  followed  instead  of  PARLIAMENTARY. 

§  3.  Whenever  any  member  calls  for  the  yeas 
and  nays,  the  presiding  officer  says,  "  There  is  a 
call  for  the  yeas  and  nays ;  those  in  favor  of  the 
call  will  rise."  If  one-fifth  of  the  membersf  rise, 
he  says,  "The  yeas  and  nays  are  required.  As 
many  as  are  of  the  opinion  that,  [stating  the 
question,]  will  [when  their  names  are  called.] 
answer  yea ;  and  as  many  as  are  of  a  contrary 
opinion,  will  answer  nay."  "  The  secretary  will 
call  the  roll." 

§  4.  After  the  names  of  all  the  members  have 
been  called,  the  secretary  reads  first  the  names  of 
those  in  the  affirmative,  and  then  those  in  the  ne- 
gative, so  that  mistakes,  if  any,  may  be  corrected. 
He  then  adds  up  the  number  on  each  side,  and 
hands  the  result  to  the  presiding  officer. 


*  The  calling  of  the  yeas  and  nays  in  the  House  of  Representatives 
of  the  United  States,  occupies  usually,  when  done  in  the  most  expedi- 
tious way,  about  one  hour,  and  costs,  at  a  moderate  estimate,  the 
Government  five  hundred  dollars,  on  an  average,  every  time  the  yeas 
and  nays  are  called.  Hence,  it  was  judged  best  to  fix  the  number  as 
high  as  one-fifth  of  the  members  present. 

f  Or  whatever  number  may  be  prescribed  by  the  by-laws.  If  less 
than  the  required  number  should  rise,  he  says  the  motion  is  lost. 


A   SYNOPSIS   OF   ENGLISH    LEGISLATION.  269 


A  SYNOPSIS  OF  ENGLISH  LEGISLATION. 

§  1.  PARLIAMENT  is  the  Legislature  of  the  United 
Kingdom  of  Great  Britain  and  Ireland.  It  is  com- 
posed of  three  branches,  namely,  the  King  or 
Queen,  the  House  of  Peers,  and  the  House  of  Com- 
mons. 

§  2.  The  kingly  office  is  hereditary,  and  forms 
the  executive*  branch  of  the  legislature.  As  head 
of  the  church,  the  king  (or  queen  as  the  case  may 
be)  appoints  all  archbishops  and  bishops.  All 
other  titles  of  honor  must  also  emanate  from  the 
crown. 

§  3.  The  house  of  peersf  is  also  hereditary,  and 
is  composed  of  the  lords  spiritual,  consisting  of  two 
archbishops,  twenty-four  English  bishops,  and  four 
Irish  representative  bishops,  with  the  lords  tempo- 
ralj  consisting  of  twenty-four  dukes,  twenty  mar- 
quises, one  hundred  and  fourteen  earls,  twenty 
viscounts,  two  hundred  and  eleven  barons,  sixteen 
representative  peers  of  Scotland,  and  twenty-eight 
representative  peers  of  Ireland,  making  a  total  of 
four  hundred  and  thirty-three. 

§  4.  The  House  of  CoinmonsJ  consists  of  two 
hundred  and  fifty-three  representatives  of  counties, 
who  are  known  as  knights  of  shires,  and  are  re- 
quired to  have  an  annual  income  of  two  thousand  six 
hundred  and  sixty-six  dollars.  There  are  also  four 


*  The  corresponding  office  in  the  United  States  is  the  Presidential, 
f  The  corresponding  house  in  the  United  States  is  the  Senate. 
J  The  corresponding  branch  in   the  United  States  is  the   House  of 
Representatives. 

~     23* 


270 


A   SYNOPSIS   OP  ENGLISH  LEGISLATION. 


hundred  and  five  representatives  from  cities  and 
boroughs,  who  are  each  required  to  have  an  annual 
income  of  at  least  thirteen  hundred  and  thirty- 
three  dollars.  Those  representing  cities  are  known 
as  citizens,  and  those  from  boroughs  as  burgesses. 
Total  in  the  house  of  commons,  six  hundred  and 
fifty-eight. 

§  5.  The  privilege  of  voting  is  subject  to  various 
and  intricate  laws,  owing  to  the  position  of  the 
citizen,  but  in  every  case  a  voter  must  have  his 
name  registered  in  the  place  in  which  he  resides. 
No  one  is  permitted  to  vote  who  has  less  than  two 
hundred  dollars  worth  of  real  estate,  or  who  doe? 
not  pay  rent  for  property  worth  at  least  eleven 
hundred  dollars. 

§  6.  The  king  convokes  parliament,  and  at  the 
beginning  of  each  session  delivers  to  both  houses 
an  address,*  stating  the  matters  he  wishes  them  to 
consider  and  act  on,  and  until  this  is  done  neither 
house  can  proceed  with  any  public  business. 

§  7.  On  the  assembling  of  a  new  parliament  the 
Lord  Chancellor]-  states  that  his  majesty  will,  so 
soon  as  the  members  are  sworn,  declare  the  causes 
for  calling  this  parliament.  The  House  of  Com- 
mons then  proceed  to  elect  their  speaker,  and  all 
the  members  take  the  oath  of  office. 

§  8.  Before  any  business  is  undertaken  prayers 


*  Corresponding  to  the  message  of  the  President  of  the  United  States. 

•j-Who  presides  over  the  House  of  Peers.  A  Parliament  continues 
for  seven  years,  unless  sooner  dissolved  by  the  crown,  i.  e.  the  members 
of  the  House  of  Commons  are  elected  for  the  term  of  seven  years.  The 
peers,  of  course,  hold  their  office  for  life. 


A    SYNOPSIS    OP   ENGLISH    LEGISLATION. 


271 


are  read ;  in  the  house  of  lords  by  a  bishop,  and 
in  the  commons  by  their  chaplain.  The  former 
usually  meet  at  five  o'clock  in  the  afternoon,  the 
latter  at  four. 

§  9.  Three  members  in  the  house  of  peers,  and 
forty  in  the  house  of  commons,  make  a  quorum  for 
the  transaction  of  public  business.  When  any 
question  arises  on  which  a  difference  of  opinion  is 
expressed,  those  in  affirmative  in  the  house  of 
lords  answer  content,  and  those  in  the  negative 
non  content.  In  the  house  of  commons  the  answer 
is  aye  and  no. 

§10.  When  the  presiding  officer  cannot  decide 
by  the  voices,  which  party  has  the  majority,  or 
when  his  decision  is  questioned,  a  division  takes 
place.  In  the  house  of  lords  the  contents  or  the 
non-contents,  as  the  case  may  be,  pass  to  the  out- 
side of  the  bar,  leaving  the  other  party'in  the  house. 

§  11.  A  similar  practice  prevailed  in  the  house 
of  commons  up  to  1836.  Since  that  time  a  new 
plan  has  been  adopted  which  gives  better  satisfac- 
tion, because  the  party  remaining  in  the  house 
had  an  advantage  in  securing  the  votes  of  the 
"  inattentive,  the  indifferent,  and  the  indolent." 

§  12.  There  are  two  small  halls  at  each  end  of 
the  house ;  on  a  division  the  main  room  is  entirely 
cleared,  one  party  being  sent  to  each  hall.  Two 
clerks  are  stationed  at  each  of  the  entrances  to  the 
main  hall,  holding  lists  of  the  members  in  alpha- 
betical order,  printed  on  large  sheets  of  paste-board,  j 
to  avoid  the  delay  of  turning  over  pages. 


See  Jeff.  JVL, 
last  clause, 
p.  179,  Uiii 
book. 


272 


A   SYNOPSIS   OP   ENGLISH   LEGISLATION. 


§  13.  While  the  members  are  passing  into  the 
house  again,  the  clerks  place  a  mark  against  the 
names  of  each,  and  the  tellers  count  the  number. 
These  sheets  are  sent  to  the  printer,  who  sets  up 
the  marked  names  in  their  order ;  and  the  division 
lists  are  then  printed  the  following  morning,  to- 
gether with  the  votes  and  proceedings  of  the  house. 

§  14.  When  matters  of  great  interest  are  to  be 
debated  in  the  house  of  peers,  the  lords  are  sum- 
moned. In  the  house  of  commons  an  order  is 
made  that  the  roll  be  called,  and  the  absent  mem- 
bers are  ordered  to  attend  on  a  certain  day. 

§  15.  A  peer  has  the  right  to  make  another  lord 
of  parliament  his  proxy,  to  vote  for  him  in  his  ab- 
sence, in  all  cases  except  in  committee,  or  in  the 
trial  of  another  peer.  He  is  also  entitled,  when  a 
question  is  decided  contrary  to  his  sentiments,  to 
record  his  opinion,  and  the  reasons  of  it,  by  a  pro- 
test in  the  journals,  together  with  the  names  of  all 
the  peers  who  concur  therein. 

§  16.  All  proposed  laws  must  be  introduced  to 
the  notice  of  parliament  in  the  shape  of  bills  which 
may  originate  in  either  house,  unless  they  are  for 
granting  supplies,  or  unless  they  directly  or  indi- 
rectly involve  the  levying  or  appropriation  of  some 
tax,  in  which  cases  they  must  originate  in  the 
house  of  commons.* 


*  See  corresponding  rule  of  the  government  of  the  United  States,  Sec. 
7,  page  14. 


NATURALIZATION. 


273 


NATURALIZATION. 

§  1.  THE  laws  of  Congress  on  the  subject  of  natu- 
ralization have  been  frequently  changed.  The  act  of 
1790  required  only  two  years'  previous  residence. 
In  1795,  the  period  was  enlarged  to  five;  and  in 
1798,  to  fourteen;  but  in  1802,  it  was  reduced 
back  to  five  years,  and  this  act  is  still  unaltered. 

§  2.  Foreigners,  who  move  to  this  country,  with 
the  intention  of  making  it  their  permanent  resi- 
dence, have  many  inducements  to  become  citizens, 
since  they  are  unable  as  aliens,  to  possess  a  per- 
manent freehold  interest  in  land,  and  are  precluded 
from  voting  at  the  elections,  or  holding  any  civil 
office,  or  taking  any  active  part  in  the  administra- 
tion of  the  government. 

§  3.  Any  white  foreigner  may  obtain  the  privi- 
leges of  a  natural  born  citizen,  by  declaring,  on  oath, 
before  any  State  court  of  record,  having  common 
law  jurisdiction*  and  a  clerk ;  or  before  any  cir- 
cuit, or  district  court  of  the  United  States,  or  be- 
fore a  clerk  of  either,  two  years,  at  least,  before 
his  admission,  his  intention  to  become  a  citizen, 
and  to  renounce  his  native  allegiance. 

§  4.  At  the  time  of  his  admission,  his  country 
must  be  at  peace  with  the  United  States,  and  he 
must,  before  one  of  the  aforenamed  courts,  take  an 


*  The  following  is  the  form  of  the  declaration  :     I,  A B ,  do 

declare  on  oath,  that  it  is  bond  fide,  [i.  e.  in  good  faith,  or  in  reality] 
my  intention  to  become  a  citizen  of  the  United  States,  and  to  renounce 
forever,  all  allegiance  and  fidelity  to  all  and  every  foreign  prince,  po- 
tentate, state,  and  sovereignty  whatever,  and  particularly  to  the  king 
of ,  of  whom  I  was  a  subject. 

S  — ===== 


Foreigners 
naturalized. 


See  Acts  f , 
Cong.  14th 
April,  1802, 
ch.  28. 

The  3d  of 
March.1813, 
:h.  184. 

And  22d  of 
March,1816, 
ch.32. 


See  Acts  of 
Con.26  May, 
1824,ch.l86, 
and  24  May, 
1828,chJLlft. 


274 


NATURALIZATION. 


oath*  to  support  the  constitution  of  the  United 
States,  and  likewise  an  oathf  to  renounce  and  ab- 
jure his  native  allegiance.  He  must,  at  the  time 
of  his  admission,  satisfy  the  court,  that  he  has  re- 
sided five  years  at  least,  within  the  United  States, 
and  one  year  at  least  in  the  State  where  the 
court  is  held,  and  he  must  satisfy  the  judges 
that  during  that  time,  he  has  behaved  as  a  man 
of  good  moral  character,  attached  to  the  principles 
of  the  constitution  of  the  United  States,  and  well 
disposed  to  the  good  order  and  happiness  thereof.  J 


*  The  following  is  the  form  :     I,  A B ,  do  solemnly  swear 

that  I  will  support  the  constitution  of  the  United  States  of  America. 

j-  I,  A B ,  do  absolutely  and  entirely  renounce  and  abjure 

all  allegiance  and  fidelity  to  every  foreign  prince,  potentate,  State,  or 

sovereignty  whatever,  and  particularly  to  King of  ,  of 

whom  I  was  subject.  A B . 

Sworn  in  open  court,  the day  of ,  1852,  before  me. 

L W ,  Judge. 

J  The  children  of  Persons  duly  naturalized,  being  minors    at  that 
time,  shall,  if  dwelling  in  the  United  States,  be  deemed  citizens.     The 
following  is  the  form  of  a  certificate  of  citizenship  : 
UNITED  STATES  OF  AMERICA,      1 

State  of ,  County  of .  / 

Be  it  remembered,  that  on  the day  of ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  fifty ,  A B ap- 
peared in  the  court,  [which  is  a  court  of  record  having  common  law  ju- 
risdiction and  a  clerk  and  seal]  and  applied  to  the  court  aforesaid,  to  be 
admitted  to  citizenship  of  the  United  States  of  America,  pursuant  to  the 
several  acts  of  Congress  for  that  purpose  made  and  provided  ;  and  the 
said  applicant  having  thereupon  produced  to  the  court  such  evidence, 
made  such  declaration  and  renunciation,  and  taken  such  oaths  as  are 
by  the  said  acts  required ;  thereupon  it  was  ordered  by  the  said 
court,  that  the  said  applicant  be  admitted,  and  he  was  accordingly  ad- 
mitted by  the  said  court  to  be  a  citizen  of  the  United  States  of  America. 
In  testimony  whereof,  the  seal  of  the  said  court  is  hereunto  affixed  this 

day  of ,  A.  D.  185-,  and  in  the year  of  our  Independence. 

By  order  of  the  court,  S T ,  Clerk. 

[Seal  of  the  court] 


SYNOPSIS   OF  PEOCEEDINGS  IN   ELECTIONS. 


275 


A   SYNOPSIS   OF   PROCEEDINGS   IN   ELECTIONS. 

§  1.  As  a  general  rule,  all  elections  by  the  peo- 
ple should  be  held  between  the  hours  of  nine  A. 
M.,  and  six  P.  M.  There  are  usually  three  per- 
sons appointed  to  receive  the  tickets  and  see  that 
none  are  illegally  cast,  or  that  none  but  those 
qualified,  vote.  These  persons  are  known  in  dif- 
ferent States  by  different  titles.  They  are  usually 
called  inspectors  or  judges  of  the  election.  It  is 
their  duty  to  have  a  position  that  will  enable 
them  best  to  receive  the  tickets  of  the  voters,  and 
over  or  near  the  window,  door,  or  place,  at  which 
the  tickets  are  received,  should  be  printed  or 
written  in  legible  characters,  the  name  of  the 
town,  township,  or  ward. 

§  2.  Every  person  claiming  the  right  to  vote  at 
any  election  should,  if  required  by  the  inspectors 
or  judges,  prove  that  he  is  a  natural  born  citizen 
of  the  United  States ;  or  that  having  been  an 
alien,  he  has  been  naturalized  conformably  to  the 
laws  of  the  United  States.  The  only  evidence 
required  is  the  certificate  of  naturalization,  under 
the  seal  of  the  court  where  his  admission  to  citi- 
zenship took  place.  The  names  of  all  voters  should 
[whenever  circumstances  will  allow  it]  be  regis- 
tered in  alphabetical  order  by  the  collector  of 
taxes  or  some  other  officer,  and  be  ased  as  refer- 
ence, when  necessary,  by  the  inspectors  or  judges. 

§  3.  Every  voter  may  deliver  either  written  or 
printed  tickets,  but  each  ticket  should  be  on  a  sepa- 


276 


SYNOPSIS  OF  PROCEEDINGS  IN  ELECTIONS. 


rate  piece  of  paper.  Each  inspector  or  judge,  on 
receiving  the  ticket  of  a  voter,  should  call  out 
aloud  his  name,  which  should  be  entered  by  the 
clerk  on  a  separate  list,  and  the  judge  may  insert 
the  letter  V  opposite  the  name,  in  the  regular  al- 
phabetical list.  Tickets  should  be  delivered  per- 
sonally by  the  voter,  and  ought  never  to  be  re- 
ceived by  any  other  person,  and  should  be  imme- 
diately deposited  in  the  ballot  box,  and  there  re- 
main till  the  polls  are  closed.  When  the  polls 
shall  be  closed,  the  box,  or  boxes,  as  the  case  may 
be,  should  be  opened  and  the  inspectors  should 
take  out  the  tickets  and  read  aloud  the  name  or 
names  of  the  candidates  written  or  printed  thereon, 
and  the  clerk,  or  clerks,  should  carefully  enter,  as 
read,  each  ticket  as  it  is  taken  from  the  box,  and 
keep  an  account  of  the  same  on  papers  prepared 
for  the  purpose,  so  that  the  number  of  votes  for 
each  candidate  tallied  thereon,  may  be  readily 
known. 

§  4.  It  is  customary  when  more  names  are 
printed  on  a  ticket  than  the  law  allows,  or  when 
two  or  more  tickets  have  been  improperly  folded 
together  to  reject  them  entirely.  But  no  ticket 
ought  to  be  rejected  which  contains  less  than  the 
required  number  of  names.  After  the  votes  shall 
be  counted,  they  should  be  returned  to  the  ballot 
box,  which  ought  to  to  be  bound  round  tight  with 
tape  and  sealed  by  the  judges  of  the  election.  The 
box  with  all  the  lists,  tally  papers,  &c.,  should 
then  be  delivered  to  the  nearest  justice  of  the 


SYNOPSIS   OP   PROCEEDINGS   IN   ELECTIONS. 


277 


peace,  who  should  safely  keep  the  same,  for  the 
proper  tribunal  in  case  of  a  contested  election. 

§  5.  It  is  then  the  duty  of  the  judges  to  trans- 
mit within  three  days,  the  results  of  the  election 
under  seal  to  the  clerk  of  the  county  court. 

§  6.  After  the  votes  given  for  any  office  shall 
have  been  read  off  and  counted,  the  presiding 
judge,  i.  e.,  the  one  first  named  in  the  order  of  the 
appointment,  should  publicly  declare  the  number 
of  votes  given  for  each  candidate,  and  then  the 
judges  should  make  out  a  certificate  under  their 
hands  and  seal,  and  set  forth  the  number  of  votes 
given  for  each  of  the  several  candidates.* 


*  A  FORM  OF  ELECTION  RETURNS. 

At  an  election   held  on  Wednesday,  the  day  of  ,  Anno 

Domini  one  thousand  eight  hundred  and  fifty ,  at  the  Hall, 

in  the  town  of ,  in  the  county  of ,  being  the election  dis- 
trict in  the  county  aforesaid,  on  closing  the  polls  it  appeared  that  the 
votes  were  cast  for  the  following  persons  : 

FOB    GOVERNOR. 

James ,  had  five  hundred  and  eighty-six  votes,        ...  586 

Joseph ,  had  two  hundred  and  ninety-one  votes,  .         .      291 

FOR  REPRESENTATIVES  IN  CONGRESS. 

Wm.  C  ' ,  had  five  hundred  and  sixty  votes,  ....  660 
John ,  had  three  hundred  and  seventeen  votes,  .  .  .  317 

FOR   STATE    SENATOR. 

Aaron ,  had  five  hundred  and  ninety -seven  votes,    ...  697 

Amos  B ,  had  two  hundred  and  eighty-four  votes,         .        .       284 

FOR   HOUSE    OF   REPRESENTATIVES. 

Stephen ,  had  five  hundred  and  eighty-five  votes,    .  -      »'      .  685 

Joshua  L ,  had  two  hundred  and  eighty-nine  votes,      .        .       289 

Scattering,  three  votes,  .  •      .  •  ^  «••      •  ••  •  •        •        •        .       3 

And  so  on  for  town  clerk,  select  men,  or  whatever  may  be  the  title  of 
the  officer. 

In  testimony  whereof,  we,  the  judges  of  the  election  for  the  said  dis- 
trict, have  hereunto  set  our  hands  and  seals  this day  of ,  A. 

D.  185—.  THOMAS  W.  W .  [SEAI.] 

HIRAM  0 .  [SKAL.] 

BENJ.  B .  [SEAL] 


278 


SYNOPSIS  OF  PROCEEDINGS  IN  ELECTIONS 


§  7.  It  is  usually  the  duty  of  the  presiding  judge 
of  each  election  district,  to  take  charge  of  the  cer- 
tificates aforenamed,  and  to  produce  the  same  at 
a  general  meeting  of  all  the  presiding  judges  of 
each  election  district  of  the  county,  at  the  court 
house  the  third  day  after  the  election  [or  in  case 
the  third  occur  on  Sunday,  the  fourth  day.]  These 
judges,  when  assembled,  should  elect  some  one  of 
their  number  as  chairman,  and  also  two  suitable 
persons  as  clerks,  who  with  the.  judges,  are  usually 
sworn  to  perform  the  duties  of  their  office  with 
honesty  and  fidelity. 

§  8.  After  the  meeting  is  thus  organized,  the 
representative  judges  from  each  election  district, 
should  deliver  the  certificates  of  election  of  their 
respective  districts  to  the  president  of  the  meeting, 
who  should  cause  the  clerks  to  add  the  number  of 
votes  which  shall  appear,  by  said  certificates,  to 
have  been  given  for  any  candidate  or  candidates, 
in  respect  to  each  office.  It  is  then  the  duty  of 
the  clerks  to  make  out  duplicate  returns,  which 
should  be  signed  by  all  the  judges  present.  The 
returns  for  governor  and  State  senator,  are  gene- 
rally directed  to  the  State  Senate;* — a  represen- 


*  The  following  is  the  usual  form : 
To  the  Hon.  the  Senate  of  the  State  of 

The  undersigned,  judges  of  the  election  held  in  the  several  districts 

of  the  county  of ,  on  the inst.,  A.  B.,  one  of  the  judges  of  the 

first  district ;  C.  D.,  one  of  the  judges  of  the  second  district,  and  so 
on  [one  judge  from  each  district  according  to  the  number  of  districts  in 
the  county]  being  assembled  at  the  court  house  of  the  county  afore- 
said, and  having  carefully  examined  the  returns  of  the  several  dis- 
tricts, and  enumerated  and  added  the  votes  therein  contained,  do  cer- 


SYNOPSIS   OF   PROCEEDINGS   JN    ELECTIONS. 


279 


tative  in  Congress,  to  the  Governor  ;*  and  a  State 
representative,  to  the  House  of  Representatives. 
It  may  be  remarked  that  each  State  has  its  par- 
ticular laws  in  reference  to  the  qualifications  of 
voters,  and  its  peculiar  manner  of  conducting  elec- 
tions, but  the  above  forms,  so  far  as  they  go,  are 
adopted  by  most  of  the  States  in  the  Union. 


tify  that  at  the  said  election,  the  votes  for  governor  appeared  as  fol- 
lows, viz : 

For  Wm.  II ,  five  thousand  votes -  5,000 

For  0 C ,  four  thousand  six  hundred  votes,         .         .         4,600 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and  seal,  &c. 

*  Whose  duty  it  is  to  give  the  representative  his  credentials  to  the 
House  of  Representatives  of  the  United  States. 


Table  I.  exhibiting  the  Seats  of  Government,  the   Times  of  the  Election  of 

State  Officers,  and  the  Meeting  of  the  Legislatures  of  Each  State. 

States. 

Seats   of 
Government. 

Times  of   Holding 
Elections. 

Times   of  the   Meeting 
of  the  Legislatures. 

Maine, 

Augusta, 

2d  Monday  in  September, 

2d  Wednesday  in  Jan. 

N.  H., 

Concord, 

2d  Tuesday  in  March, 

1st  Wednesday  in  June. 

Vt., 

Montpelier, 

1st  Tuesday  in  Sept., 

2d  Thursday   in    Oct. 

Mass., 

Boston, 

2d  Monday  in  November, 

1st  Wednesday  in  Jan. 

E.  L, 

Conn., 

Prv.  &  Newp't 
Hart.  &  N.  H. 

1st  Wednesday  in  April, 
1st  Monday  in  April, 

IstTu.inMay.lastM.Oc. 
1st  Wednesday  in  May. 

N.Y., 

Albany, 

Tu.  after  1st  Mon.  in  Nov. 

1st  Tuesday  inJanuary. 

N.  J., 

Trenton, 

Tu.  after  1st  Mon.  in  Nov. 

2d  Tuesday  in  January. 

Pa., 

Harrisburg, 

2d  Tuesday  in  October, 

IstTuesdayin  January. 

Del., 

Dover, 

2d  Tuesday  in  Nov., 

1st  Tues.in  Jan.,5ienn.* 

Md., 

Annapolis, 

1st  Wednesday  in  Nov., 

1st  Wed.  in  Jan.,  bienn. 

Va., 

Richmond, 

4th  Thursday  in  April, 

1st  Mon.  in  Dec.,  bienn. 

N.  C., 

Raleigh, 

1st  Thursday  in  August, 

3d  Mon.  in  Nov.,  bienn. 

S.  C., 

Columbia, 

2d  Monday  in  October, 

4th  Monday  in  Nov. 

Ga., 

Milledgeville, 

1st  Monday  in  October, 

1st  Mon.  in  Nov.,  bienn. 

Fla., 

Tallahassee, 

1st  Monday  in  October, 

1st  Mon.  in  Nov.,  bienn. 

Ala., 

Montgomery, 

1st  Monday  in  August, 

2d  Mon.  in  Nov.,  bienn. 

Miss., 

Jackson, 

1st  Mon.  and  Tu.  in  Nov., 

1st  Mon.  in  Jan.,  bienn. 

La., 

Baton  Rouge, 

1st  Monday  in  November, 

3d  Mon.  in  Jan.,  bienn. 

Texas, 

Austin, 

1st  Monday  in  August, 

December,  bienn. 

Ark., 

Little  Rock, 

1st  Monday  in  August, 

1st  Mon.  in  Nov.,  bienn. 

Mo., 

Jefferson  City, 

1st  Monday  in  August, 

Last  Mon.in  Dec.,6ienra. 

Iowa, 

Iowa  City, 

1st  Monday  in  August, 

1st  Mon.  in  Dec.,  bienn. 

Tenn., 

Nashville, 

1st  Thursday  in  August, 

1st  Mon.  in  Oct.,  bienn. 

Ky., 

Frankfort, 

1st  Monday  in  August, 

1st  Monday  in  Dec. 

Ohio, 

Columbus, 

2d  Tuesday  in  October, 

1st  Mon,  in  Jan.,  bienn. 

Ind., 

Indianapolis, 

1st  Monday  in  August, 

Th.  af  .  IstMon.in  Jan.  ,  bi. 

111.,- 

Springfield, 

Tu.  after  1st  Mon.  in  Nov. 

2d  Mon.  in  Jan.,  bienn. 

Wis., 

Madison, 

Tu.  after  1st  Mon.  in  Nov. 

1st  Monday  in  January. 

Mich., 

Lansing, 

1st  Tuesday  in  November, 

1st  Monday  in  January. 

Cal., 

San  Jose", 

Tu.  after  1st  Mon.  in  Nov. 

1st  Monday  in  January. 

*  Biennially,  that  is,  every  other  year,  or  once  in  two  years. 

(280) 


TABLE  II. 
Poputet'n  of  cities  over  9000 
in    the  U.  S.,  with  their 
decennial  increase  per  ct. 
from   1830  to  1830. 

Pop.  of 
1830. 

Pop.  of 
1840. 

Ratio  of 
increase. 

Pop.  Of 

1840. 

Pop.  of 
1S50. 

Katlo  of 
increase. 

2,867 

8,627 

200.9 

8,627 

14,432 

67.28 

Portland  

12,598 

15,218 

20.79 

15,218 

20,815  ' 

36.77 

3,980 

5,314 

33.51 

6,314 

8,225 

54.77 

Bath  

3,773 

5,141 

36.25 

6,141 

8,020 

56. 

Manchester  (N.  Jl.)  
Boston  (Mass.)  

877 
61,392 

3,235 
93,383 

268.87 
52.1 

3,235 
93,383 

13,932 
136,871 

330.67 
46.56 

6,474 

20,796 

221.22 

20,796 

33.383 

60.52 

13,895 

15,082 

8.54 

15,082 

20,264 

34.35 

6,247 

9,089 

73.22 

9,089 

18.364 

102.04 

8,783 

11,484 

30.75 

11,484 

17,216 

49.91 

4,173 

7,497 

79.65 

7,497 

17,049 

127.41 

New  Bedford  

7,592 

12,087 

59.2 

12,087 

16,443 

36.03 

6.072 

8,409 

38.48 

8,409 

15,215 

80.93 

6,138 

9,367 

62.6 

9,367 

14,257 

52.2    . 

6,784 

10,985 

61.92 

10,985 

11,766 

7.1 

6,042 

7,645 

26.53 

7,645 

10,441 

36.57 

Providence  (R.  I.)  
New  Haven  (Conn.)  

16,833 
10,678 
5,161 

23,171 
12,960 
7,239 

37.65 
21.37 
40.26 

23,171 
12,960 
7,239 

41,512 
20,345 
10,265 

79.15 
66.98 
41.8 

Hartford  «  

7,074 

9.468 

33.84 

9,468 

13,555 

43.16 

New  York  city  (N.Y.)... 

197,112 
15,394 

312,710 
36,233 

68.64 
35.37 

312,710 
3G.233 

515,507 
96,838 

64.8") 
167.23 

24,209 

33,721 

39.29 

33.721 

50,763 

50.53 

Buffalo   

8,668 

18,213 

110.11 

18,213 

42.261 

132.03 

9,207 

20,191 

119.3 

20,191 

36,403 

80.29 

1,117 

6,094 

356.04 

5,094 

30,780 

604.24 

Xroy   

11,556 

19,334 

67.3 

19,334 

28,785 

48.88 

2,565 

6,500 

153.4 

6,500 

22,271 

242.6 

Utica  

8,323 

12,782 

53.57 

12,782 

17,565 

37.41 

7,222 

10,006 

38.54 

10,006 

13,944 

39.35 

3.823 

9,125 

138.68 

-9,125 

12,323 

35.04 

2,703 

4,665 

72.58 

4,665 

12,205 

161.62 

6,424 

8,933 

39.05 

8,933 

11,415 

27.78 

4,170 

6,824 

39.66 

5,824 

10,233 

75.7 

Newark  (N.  J.)  

10,953 

17,290 

67.85 

17.290 

38,894 

124.95 

7,596 

7,596 

11.338 

49.26 

7.831 

8,663 

10.62 

8,663 

13,387 

64.53 

Phila.  city  and  co.  (Pa,) 

188,797 
12,568 

258,037 
21,115 

36.67 
68. 

258,037 
21,115 

408,762 
46,601 

58.41      | 
120.7 

2,801 

10,089 

260.19 

10,089 

21,261 

110.73 

5,856 

8,410 

43.61 

8,410 

15,748 

87.25 

7,704 

8,417 

9.25 

8,417 

12,365 

46.9 

Wilmington  (Del.)  
Baltimore  (Md.)  

6,628 
80,620 

8,367 
102,313 

26. 
26.9 

8,367 
102,313 

13,979 
169,054 

67.7 
65.23 

AVnshington  (D.  C.)  
Richmond  (Va.)  

18,826 
6,055 

23,364 
20,153 

24.1 
232.83 

23,364 
20,153 

40,001 
27,482 

71.2 
36.36 

Norfolk  

9,814 

10,920 

11.26 

10,920 

14.326 

31.19 

8,322 

11,136 

33.81 

11,136 

14,010 

25.8 

5,276 

7,885 

49.45 

7,885 

11,391 

44.46 

Charleston  (S  C)  

80,289 

2Q261 

dec  3  39 

29,261 

42,985 

46.9 

Savannah  (Ga.)...»  
Mobile  (Ala.)  

7.302 
3,194 

11.214 
12,672 

53.57 
296.74 

11,214 

12,672 

16,060 
20,513 

43.21 
61.87 

New  Orleans  (La.)  

49,826 

102,193 
3,207 

105.09 

102,193 
3,207 

119,461 
14,1UO 

16.89 
342.46 

2,026 

2,026 

8,839 

336.27 

5,566 

6,929 

2448 

6,929 

10,478 

61.21 

Louisville  (Ky.)  

10,341 

21,210 

1051 

21,210 

43,196 

103.65 

Cincinnati  (Ohio)  

24,831 

46,338 

8661 

46,338 

115,436 

149.11 

2,435 

6048 

14837 

6,048 

17,883 

195.68 

1  076 

6071 

46421 

6,071 

17,034 

180.57 

2,960 

6,067 

105.66 

6,067 

10,977 

80.92 

Madison  (Ind.)  

2,500 

3,798 

51. 

3,798 

8,005 

110.76 

Chicago  (111.)  
Detroit  (Mich.)  

None 

2,222 

4.470 
9,102 

309.63 

4,470 
9,102 

29.963 
21.019 

570.31 
130.92 

St.  Louis  (Mo.)  

4,977 

16,469 

230.9 

16,469 

77,860 

872.76 

Milwaukee  (Wis.)  
(\  _  

1,712 

1,712 

20,061 

1071.78 

24 


281 


284                                   STATISTICAL  TABLES. 

TABLE  IV.    Exhibiting  the  Agricultural  Productions,     Value   of 
to  the  Census  of  1850.     [Ratio  of  representation,  one  for  every 

STATES. 

Acres  of  land  im- 
proved. 

Value  of  farming 
implements,  Sic. 

Value  of  live  stock. 

Bushels  of  wheat. 

Maine  
N.  H.  ..... 

Vermont.. 
Mass  

2,019,593 
2,251,388 
2,322,923 
2,127,924 
337,672 
1,734,277 
12,285,077 
1,770,337 
8,619,631 
524,364 
2,797,905 
17,083 
10,150,106 
5,443,137 
4,074,855 
6,323,426 
349,423 
4,387,088 
3,489,640 
1,567,998 
635,913 
780,333 
5,087,057 
6,068,633 
9,730,650 
1,923,582 
5,019,822 
5,114,041 
2,911,422 
814,173 
1,011,308 
34,312 
5,035 
135,357 
15,219 
161,296 

$2,363,517 
2,314,125 
2,774,959 
3,173,809 
473,385 
2,043,026 
22,217,563 
4,267,124 
14,931,993 
471,385 
2,463,443 
40,220 
7,021,658 
4,056,006 
4,143,709 
5,901,050 
675,885 
5,066,814 
5,759,738 
11,326,310 
2,095,308 
1,594,941 
5,351,178 
5,388,092 
12,716,153 
2,764,171 
6,748,722 
6,349,826 
3,977,449 
1,202,978 
1,701,047 
88,593 
15,981 
183,403 
78,495 
78,217 

$9,831,488 
8,871,901 
11,292,748 
9,619,964 
1,466,636 
7,353,996 
74,672,356 
10,678,264 
42,146,711 
1,718,386 
7,997,634 
71,573 
33,607,952 
17,837,108 
15,060,015 
25,727,408 
2,945,668 
31,558,686 
19,303,593 
10,983,508 
10,263,086 
6,728,254 
29,134,193 
29,898,386 
43,276,187 
8,005,429 
22,398,965 
24,817,954 
19,764,672 
3,602,769 
4,594,717 
3,456,725 
103,859 
1,875,989 
533,951 
1,504,497 

367,980 
185,658 
493,666 
29,784 
39 
40,167 
13,073,357 
1,508,216 
15,482,191 
466,784 
4,494,680 
17,370 
14,516,950 
2,147^899 
1,066,278 
1,085,784 
1,225 
292,429 
215,181 
84 
42,448 
193,902 
1,638,470 
2,184,763 
14,967,056 
4,918,706 
6,625,474 
9,433,965 
2,943,840 
1,442,074 
4,292,208 
98,282 
3,422 
228,882 
103,441 
196,575 

R    I  

Conn  

N.  York... 
N.  Jersey 
Penn'a.... 
Delaware 
Maryland 
I),  of  C.... 
Virginia... 
N.  Ca  
S.  Ca  
Georgia  .  .  . 
Florida  ... 
Alabama.. 
Miss  

Louisiana 
Texas  

Arkansas  . 
Tennessee 
Kentucky 
Ohio  

Michigan  . 
Indiana... 
Illinois  — 
Missouri... 
Iowa  

Wisconsin 
California. 
Minnesota 
Oregon  — 
Utah  
N.  Mex... 

Total... 

112,042,000 

151,820,273 

552,705,238 

104,799,230 

STATISTICAL  TABLES.                                   285 

Stock,   and  tlie  Representatives  in  Congress,  of  each  State,  according 

93,716  inhabitants.] 

so 

Buibeli  of  Indian 

Wool,  poundi  of. 

Flaxsred, 
buihels  of. 

Maple  lugar,  pounds 

Hay,  tons  of. 

I 

1,741,715 

1,366,866 

362 

87,541 

794,780 

6 

1,573,670 

1,108,476 

94 

1,292,429 

598,854 

3 

1,625,776 

3,492,087 

307 

5,159,641 

763,579 

3 

2,326,167 

576,736 

72 

768,596 

645,749 

11 

516,133 

111,937 

None. 

None. 

73,353 

2 

1,996,462 

512,529 

9,775 

37,781 

499,706 

4 

17,844,808 

10,021,507 

53,824 

10,310,764 

3,714,734 

33 

8,605,396 

375,932 

12,353 

5,886 

429,119 

5 

19,707,702 

4,784,367 

43,627 

2,218,644 

1,826,265 

25 

2,888,896 

52,887 

838 

None. 

30,159 

1 

11,104,631 

477,438 

2,816 

47,740 

145,070 

6 

65,280 

None. 

None. 

None. 

1,974 

0 

35,538,582 

2,850,909 

53,333 

1,223,905 

370,177 

13 

28,286,999 

915,289 

38,183 

27,448 

145,180 

8 

16,272,308 

487,243 

11 

200 

25,427 

5 

30,428,540 

988,802 

585 

50 

23,427 

8  . 

1,993,462 

23,235 

None. 

None. 

2,620 

1 

28,485,966 

637,829 

54 

473 

31,801 

7 

21,836,154 

556,057 

21 

110 

12,517 

5 

10,915,051 

105,393 

None. 

260 

20,672 

4 

5,796,735 

122,118 

16 

None. 

8,327 

2 

8,857,296 

181,427 

695 

8,825 

3,924 

2 

52,137,863 

1,340,833 

19,405 

159,647 

72,942 

10 

58,922,788 

2,246,168 

80,458 

388,525 

115,296 

10 

59,788,750 

10,089,607 

185,598 

4,521,643 

1,360,636 

21 

5,620,215 

2,047,364 

1,186 

2,423,897 

394,717 

2 

52,887,564 

2,502,763 

35,803 

2,921,638 

402,791 

11 

57,179,283 

2,129,139 

11,873 

246,078 

586,011 

9 

35,709,042 

1,635,182 

13,439 

171,943 

116,284 

7 

8,475,027 

363,398 

2,182 

70,680 

84,598 

2 

1,983,378 

243,065 

834 

661,969 

295,927 

3 

90,082 

4,800 

None. 

None. 

2,038 

2 

16,665 

260 

« 

2,950 

2,069 

0 

2,928 

29,596 

« 

None. 

373 

0 

9,144 

8,897 

5 

« 

4,288 

0 

355,795 

32,641 

None. 

« 

None. 

0 

591,586,053 

52,422,797 

567,749 

32,759,263 

13,605,384 

233 

! 

282                               STATISTICAL     TABLES. 

TABLE  III.     Exhibiting  the  number  of  Dwellings,  Families,  White  Males, 

Slaves,    Deaths,    Farms,    Manufacturing    Establishments,    Federal    He- 

STATES. 

DweUings. 

•  i 

Jbmtties. 

White,  mates. 

White 
females. 

Colored 
Males. 

Oolored 

Kmaley. 

Maine, 

95,797 

103,787 

296,635 

285,128 

705 

620 

N.  H. 

57,389 

62,287 

155,902 

161,487 

243 

232 

Vt. 

56,327 

58,475 

159,374 

153,528 

366 

343 

Mass. 

152,835 

192,679 

484,284 

501,420 

4,314 

4,481 

R   I. 

22,379 

28,216 

70,417 

73,583 

1,660 

1,884 

Conn. 

64,013 

73,448 

180,001 

183,304 

3,749 

3,737 

N.  Y. 

473,956 

566,862 

1,545,052 

1,504,405 

22,998 

24,939 

N.  J. 

81,064 

89,080 

233,746 

232,494 

11,542 

11,551 

Pa. 

386,292 

408,421 

1,142,803 

1,115,600 

25,057 

28,266 

Del. 

15,209 

15,439 

35,771 

35,518 

8,989 

8,968 

Md. 

81,708 

87,384 

211,49o- 

207,095 

34,914 

39,163 

D.  of  C. 

7,917 

8,292 

18,548 

19,479 

4,210 

5,763 

Va. 

165,797 

167,512 

451,510 

443,726 

25,843 

27,986 

N.  C. 

105,542 

106,023 

272,789 

280,506 

13,226 

13,970 

s.  c. 

52,642 

52,937 

137,773 

136,850 

4,110 

4,790 

Ga. 

91,011 

91,471 

266,096 

255,342 

1,368 

1,512 

Florida, 

9,022 

9,107 

25,674 

21,493 

420 

505 

Ala. 

73,070 

73,786 

219,728 

206,779 

1,047 

1,225 

Miss.* 

77,699 

78,103 

145,775 

145,761 

491 

4U7 

La. 

49,101 

54,112 

141,059 

114,357 

7,598 

9,939 

Texas, 

27,998 

28,377 

84,863 

69,237 

171 

160 

Ark. 

28,252 

28,416 

85,699 

76,369 

318 

271 

Tenn. 

129,420 

130,005 

382,270 

37,427 

3,072 

3,191 

Ky- 

130,769 

132,920 

392,840 

368,848 

4,771 

4,965 

Ohio, 

336,098 

348,  52;^ 

1,004,111 

951,997 

12,239 

12,061 

Indiana, 

170,185 

171,564 

506,400 

471,205 

5,472 

5,316 

Illinois, 

146,544 

149,153 

445,644 

400,460 

2,756 

2,610 

Mo. 

96,849 

100,890 

312,986 

279,091 

1,338 

1,206 

Iowa, 

32,962 

33,517 

100,885 

90,994 

168 

167 

Wis. 

56,117 

57,319 

163,806 

139,794 

365 

261 

Mich. 

71,616 

72,611 

208,471 

186,626 

1,412 

1,145 

Cal* 

25,000 

47,987 

158,000 

41,000 

800 

200 

Min.  T. 

1,102 

1,016 

3,695 

2,343 

21 

18 

N.  Mex. 

13,453 

13,502 

31,706 

29,782 

14 

3 

U.  T.* 

2,000 

3,000 

16,000 

8,500 

300 

200 

Or. 

2,374 

2,374 

8,142 

4,945 

119 

87 

*  Estimated.    The  returns  at  the  Census  Office  being  incomplete.  —  The  above  tables 

script  at  the  Census  Bureau,  and  are  probably  published  six  or  eight  months  in  ad- 

STATISTICAL    TABLES.                                  283 

White   Females,    Colored    Males,    Colored   Females,    Total    Free  Population, 

oresentative  Population,    Total  Population. 

Total  Free 
Population. 

Slaves. 

Deaths. 

Farms. 

Manuf. 
Estab. 

Federal  Sep. 
Population. 

Total  Pop. 

583,088 

000,000 

7,545 

46,760 

1,682 

583,088 

583,088 

317,864 

000,000 

4,268 

29,2'29 

3,301 

317,864 

317,864 

313,611 

000,000 

3,130 

29,687 

1,835 

313,611 

313,611 

994,499 

000,000 

19,414 

34,235 

9,637 

994,499 

994,499 

147,544 

000,000 

2,241 

5,385 

1,144 

147,544 

147,544 

370,791 

000,000 

5,781 

22,445 

3,913 

370,791 

370,791 

3,097,394 

000,000 

44,339 

170,621 

23,823 

3,097,394 

3,097,394 

489,333 

222 

6,467 

23,905 

4,374 

489,466 

489,555 

2,311,786 

000,000 

28,318 

127,577 

22,036 

2,311,786 

2,311,786 

89,246 

2,289 

1,209 

6,063 

513 

90,619 

89,246 

492,667 

90,368 

9,594 

21,860 

3,863 

546,887 

583,035 

48,000 

3,687 

846 

264 

427 

No  Delegate. 

51,687 

949,065 

472,461 

19,053 

77,013 

4,433 

1,234,541 

1,421,526 

580,491 

288,412 

10,207 

56,916 

2,523 

753,538 

868,903 

293,523 

384,984 

7,997 

29,969 

1,473 

514,513 

668,507 

524,318 

381,681 

9,920 

51,759 

1,407 

753,326 

'  905,999 

48,092 

39,309 

933 

4,304 

121 

76,947 

87,401 

428,779 

342,892 

9,804 

41,964 

1,022 

634,514 

771,671 

282,434 

300,419 

10,016 

27,897 

1,389 

472,685 

592,853 

272,953 

239,021 

11,948 

13,424 

1,021 

416,365 

511,974 

154,431 

58,161 

3,046 

12,198 

307 

189,327 

212,592 

162,657 

46,982 

2,987 

17,758 

271 

190,846 

209,639 

763,164 

239,461 

11,759 

72,710 

2,789 

906,840 

992,625 

771,424 

210,981 

15,206 

74,777 

3,471 

898,012 

982,405 

1,980,408 

000,000 

28,949 

143,887 

10,550 

1,980,408 

1,980,408 

988,*416 

000,000 

12,728 

93,865 

4,326 

988,416 

988,416 

851,470 

000,000 

11,619 

76,208 

3,099 

851,470 

851,470 

594,621 

87,422 

12,211 

54,458 

3,030 

647,074 

672,043 

192,214 

000,000 

2,044 

14,085 

482 

192,214 

192,214 

304,226 

000,000 

2,884 

20,177 

1,273 

304,226 

304,226 

397,654 

000,000 

4,520 

34,089 

1,979 

397,654 

397,654 

200,000 

000,000 

15,000 

3,000 

50 

200,000 

200,000 

6,077 

000,000 

30 

157 

5 

6,077 

6,077 

61,505 

000,000 

1,157 

3,750 

20 

61,505 

61,505 

25,000 

500 

1,000 

4,000 

30 

25,300 

25,500 

13,293 

000,000 

47 

1,164 

51 

13,293 

13,293 

have  cost  much  labor  and  expense.    They  hare  been  copied  from  the  original  manu- 

vnnce  of  the  Government. 

286                                   STATISTICAL   TABLES. 

TABLE  V.     Exhibiting  the  Agricultural  Productions,  Number  of 
Deaths,  &c.,  according  to  the  Census  of  1850. 

STATES. 

Butter,  pounds  of. 

Cheese,  pounds  of. 

Gallons  of  wine. 

No.  of 
deaths. 

Ratio  to  the 
living. 

Maine  
N.  H  
Vermont.. 
Mass  

8,488,234 
6,977,056 
12,128,095 
7,825,337 
1,066,625 
6,620,579 
82,043,823 
9,070,710 
40,554,741 
1,034,867 
4,206,160 
14,869 
11,126,795 
4,144,258 
2,979,975 
4,640,074 
375,853 
3,961,592 
4,388,112 
685,136 
2,319,574 
1,854,104 
8,130,686 
10,115,267 
34,180,458 
7,043,794 
12,748,186 
12,605,554 
7,762,124 
1,933,128 
888,816 
705 
1,100 
211,734 
74,064 
101 

2,201,105 
3,196,563 
6,755,006 
7,124,461 
296,748 
4,512,019 
49,785,905 
500,819 
2,395,279 
3,187 
3,925 
None. 
434,850 
95,043 
4,810 
46,391 
18,324 
30,423 
20,314 
1,148 
92,018 
28,440 
179,577 
228,744 
21,350,478 
1,Q12,551 
#66,986 
1,283,758 
201,597 
198,444 
440,961 
150 
None. 
36,030 
32,646 
5,887 

306 
35 
140 
4,122 

842 
3,346 
6,483 
517 
23,839 
85 
2,099 
863 
4,280 
10,801 
3,680 
664 
10 
14 
301 
None. 
94 
10 
204 
4,202 
44,834 
1,443 
13,004 
2,343 
10,193 
420 
68 
None. 
tt 
(i 

(C 

2,053 

7,545 
4,268 
3,132 
19,414 
2,241 
5,781 
44,339 
6,467 
28,318 
1,209 
9,594 
846 
19,053 
10,207 
7,997 
9,920 
933 
9,084 
8,711 
11,948 
3,046 
2,987 
11,759 
15,206 
28,949 
4,520 
12,728 
11,619 
12,211 
2,044 
2,884 
Unkn. 
30 
47 
289 
1,157 

77.29 
74.49 
100.13 
51.23 
65.83 
64.13 
69.85 
75.70 
81.63 
75.71 
60.77 
61.09 
74.61 
85.12 
83.59 
91.33 
93.67 
84.94 
69.63 
42.85 
69.79 
70.18 
85.34 
64.60 
68.41 
88.19 
77.65 
73.28 
55.81 
94.03 
105.82 
Unkn. 
202.56 
282.82 
47.61 
N*3.15 

R.  I  

Conn  

N.  York... 
N.  Jersey 
Penn'a.... 
Delaware 
Maryland 
D.of  C.... 
Virginia... 
N.  Ca  
S.  Ca  
Georgia  .  .  . 
Florida  ... 
Alabama.. 
Miss  

Louisiana 
Texas  

Arkansas  . 
Tennessee 
Kentucky 
Ohio  

Michigan  . 
Indiana  .  .  . 
Illinois  — 
Missouri... 
Iowa  

Wisconsin 
California. 
Minnesota 
Oregon.... 
Utah  

N.  Mex... 

Total... 

312,202,286 

103,184,585 

141,295 

! 

STATISTICAL    TABLES. 


287 


TABLE  VI.     Official  Synopsis  of  the  Census  of  Great  Britain.     [Taken 
March  3lst,  1851.] 


England  and  Wales 
Scotland  

HOUSES. 

POPULATION. 

Inhabited. 

Uninhabited. 

Building. 

Males. 

Females. 

Total. 

3,280,961 
366,650 
21,826 

152,898 
11,956 
1,077 

26,534 
2,378 
202 

8,762,588 
1,363,622 
6,651 

9,160,180 
1,507,162 
76,405 

17,922.768 
2,870,784 
142,916 

Isles  in  British  seas 
ToUl  

3,669,437 

1,047,739 
IJS&j&O 

281,900 

165,931 

65,159 
52,208 
12,951t 

29,114 

2,113 
3,313 
1,200 

10,192,721 

3,176,727 
4,019,576 
842,849 

10,743,747 

3,339,067 
4,155,548 

MH.4M 

20,936,468* 

6,515,794 
8,176,727 
1,660,933 

Ireland  (1851)  
"       (1841)  
Decrease  in  10  y'rs 

POPULATION   AT   VARIOUS   PERIODS. 


*-§***•*.  Scotl'd  \ 
and  Wales         j 

1801 

'1811 

1821 

1831 

1841 

1851 

10,667,893 

12,047,455 
1,479,562 
14 

14,180,351 
2,132,896 
18 

16,364,893 
2,184,542 
15 

18,658,372 
2,260,749 
14 

20,936,468 
2,227,438 
12 

Per  ok  for  10  years 

POPULATION  OF  THE  UNITED  STATES  AT  SIMILAR  PERIODS. 


1790 

1800 

1810 

1820 

1830 

1840 

3,929,827 

5,305,940 

7,239,814 

9,638,191 

12,866,020 

17,068,666 

Inc.  per  ct  > 
in  10  years  j 

35 

36J£ 

33 

33^ 

32 

THE  PROMINENT  POWERS  OF  EUROPE  CONTRASTED. 


Or.  Brit.  4  Irel'd 

France  

Russia , 

Austria 

Turkey 

Spain 


Population. 


27.452,262 
36,000.000 
70.000,000 


12,500,000 
13,000,000 


to 


129.<  100 

265,000 
700.000 
500,000 
220,000 
160,000 


Debt.) 


$3,333,333,333 
886,666,666 


733,333,333 
266,666,666 


Taxes  paid 
to  support 
army,  &c. 


Yearly  incom 

of  all 
the  people. 


250,000,000  2,750,000,000 
335,000.000  1,600,000,000 


550,000,000 
500,000,000 
75,000,000 
400,000,000 


Unknown 


AT.  tax 
for  each 
person, 


3 

it 

6 

30 


*  Persons  in  the  army,  the  navy,  and  the  merchant  vessels,  and  out  of  the  country 
when  the  census  was  taken,  167,604.  +  Increase  of  uninhabited  houses. 

J  The  whole  debt  of  all  the  powers  of  Europe  is  about  ten  billions  of  dollars,  (which 
has  been  incurred  to  sustain  the  wars  of  kings  and  emperors.)  This  gives  an  ave- 
rage, for  each  family  of  five  persons,  of  nearly  $200.  [See  page  312.] 

§  The  amounts  in  this  column  go  to  the  annual  support  of  the  army  and  government,  and  not  to  pay 
the  national  debt.  The  Englishman  pays  an  annual  tax  to  support  the  army,  &c.,  to  the  amount  of  one 
eleventh  of  all  his  income;  while  the  Frenchman,  for  thr  tame  purposes,  pay>  one-fifth.  The  yearly 
income  from  the  productive  industry  of  the  36,000,000 of  people  in  France  is  but  little  more  than  half 
that  nf  the  27,000,000  in  Great  Britain.  In  England  there  are  630,721  voters;  in  Wales,  37,924; 
Scotland,  72,720;  and  in  Ireland,  98,006.  In  France  there  are  only  250,000  voters.  In  England,  one 

Erson  oat  of  every  26  is  a  voter ;  in  Wales,  I  to  23  ;  in  Scotland,  1  to  38  ;  and  in  Ireland,  I  to  81.     IB 
•ance,  there  la  only  1  voter  to  137  personi.     In  the  United  States,  there  is  1  voter  to  7  persona. 


288 


AMENDMENTS. 


See  Jeff. 
Man.  p.  17 
this  book. 


§  9.  When  an  amendment  to  an  amendment 
is  adopted  by  an  assembly,  it  is  in  order  further 
to  move  to  amend  the  proposed  amendment  as  it 
stands  in  its  new  form.  In  this  way  any  pro- 
posed amendment  may  be  amended  so  long  as  an 
assembly  deem  it  capable  of  being  improved,  or, 
in  other  words,  for  an  indefinite  number  of  times ; 

§  10.  But  no  motion  to  amend  is  in  order  during 
the  pending  of  the  question  to  amend  an  amend- 
ment to  an  amendment,  and  the  adoption  of  the 
first  amendment  either  with  or  without  amend- 
ment, precludes,  at  once,  all  further  consideration 
of  it,  at  that  stage  of  the  bill. 


APPENDIX. 


APPENDIX* 

Brief  directions  to  youth,  and  those  inexperienced,  who  wish  to  establish 

and  conduct  properly  Literary  and  Debating  Societies. 
When  you  intend  to  write  or  speak  on  any  subject,   endeavor  to 
obtain  all  possible  information  pertaining  to  the  same,  both  by  reading 
and  inquiry,  and  strive  to  keep  in  mind  the  five  following  rules  for 
THINKING  THEREON: 

1.  Endeavor  to  reason  clearly  and  concisely  on  each  part  of  the  sub- 
ject, and  all  matters  pertaining  thereto. 

2.  Think  connectedly  of  each  part  with  reference   to  the  whole 
subject. 

3.  View  all  the  parts  of  the  subject  in  their  most  extensive  and  varied 
applications. 

4.  Examine  the  subject  in  all  its  relations  and  bearings  with  other 
subjects  of  a  similar  nature. 

6.  Arrange  all  your  thoughts  on  the  subject  in  a  proper  method,  and 
a  just  order,  so  that  others  may  easily  understand  and  remember  your 
observations. 

The  following  RULES  OF  METHOD,  in  arranging  a  composition,  will  be 
found  useful  to  the  young  or  inexperienced. 

1.  "  Use  great  care  and  caution  in  laying  the  foundations  of  a  dis- 
course, and  carefully  digest  your  thoughts  upon  the  subject. 

2.  Let  your  primary  and  fundamental  propositions  be  not  only  evi- 
dent and  true,  but  make  them  familiar  to  your  mind. 

3.  Draw  up  all  your  propositions  and  arguments  with  much  caution, 
and  express  your  ideas  with  exact  limitation,  so  as  to  preclude  objec- 
tions. 

4.  Begin  with  those  things  which  are  best  known,  and  most  obvious, 
and  proceed  by  regular  and  easy  steps  to  things  that  are  more  difficult, 
so  that  your  auditors  or  readers  may  attend  without  fatigue. 

5.  Do  not  crowd  too  many  thoughts  and  reasonings  into  one  sentence 
or  paragraph,  so  as  to  exceed  the  capacity  of  those  you  address. 

6.  Avoid  too  many  subdivisions;  yet  divide  every  complicated  theme 
into  its  distinct  parts,  as  far  as  the  nature  of  the  subject  and  your  de- 
sign require. 

7.  Arrange  every  idea,  proposition,  and  argument  in  its  proper  class, 
and  keep  each  part  of  the  subject  in  its  own  place. 


*  This  Appendix  contains  an  outline  for  assisting  youth,  and  those  inexperienced,  in 
conducting  discussions  and  preparing  lectures. 


METHOD,  ARGUMENTS,  AND  RHETORICAL  ARRANGEMENT. 


8.  Never  prove  those  things  which  need  no  proof,  and  do  not  suffer 
every  occasional  and  incidental  thought  to  induce  you  to  digress  or 
wander  from  the  subject." 

METHOD  is  Analytical  or  Synthetical : 

1.  "  The  Analytical  method  resolves  the  compound  into  its  principles, 
and  the  whole  into  its  parts. 

2.  The  Synthetical  method  begins  with  the  parts  and  leads  to  a 
whole,  or  it  puts  together  the  principles  and  forms  a  compound. 

All  Arguments  are  termed  either  metaphysical,  physical,  political, 
moral,  mechanical,  or  theological,  according  to  the  science  or  subject 
from  which  they  are  drawn. 

The  Argumentum  ad  judicium  is  an  appeal  to  the  common  sense  of 
mankind. 

The  Argumentum  ad  fidem  is  an  appeal  to  our  faith. 

The  Argumentum  ad  hominem  is  nn  appeal  to  the  practices  or  pro- 
fessed principles  of  our  opponent. 

The  Argumentum  ad  populum  is  nn  appeal  to  the  people. 

The  Argumentum  ex  concesso  is  when  something  is  proved  by  means 
of  another  proposition  previously  conceded. 

The  Argumentum  ad  passiones  is  an  appeal  to  the  passions." 

RHETORICAL  ARRANGEMENT. 

THE  arguments  of  every  discourse,  or  oration,  or  composition,  should 
be  properly  classified  and  arranged. 

The  parts  of  a  discourse  are  sometimes  five,  and  sometimes  six,  viz. 
the  Exordium,  the  Narration,  the  Proposition,  the  Confirmation,  the 
Refutation,*  and  the  Peroration. 

1.  The  Exordium.     In  the  Exordium,  or  beginning  of  a  discourse, 
the  writer  or  speaker  gives  some  intimation  of  his  subject,  and  solicits 
favor  and  attention.     In  this  part  he  ought  to  be  clear  and  modest ; 
and  whatever  is  trifling,  tedious,  and  prolix,  should  be  avoided. 

2.  The  Narration.     The  Narration  is  a  brief  recital  of  the  facts  con- 
nected with  the  case  from  the  beginning  to  the  end.     This  part  of  a 
discourse  ought  to  be  plain  and  perspicuous,  that  it  may  be  understood ; 
and  probable  and  consistent,  that  it  may  be  believed. 

3.  The  Proposition.     In  this  part  is  given  the  true  state  of  the  ques- 
tion, specifying  the  points  maintained,  and  those  in  which  the  writer  or 
speaker  differs  from  the  adversary.     Here  also  the  several  heads  should 
be  enumerated. 

4.  The  Confirmation.     The  Confirmation  assembles  all  the  proofs  and 
arguments  which  can  be  adduced.     The  strongest  are  to  begin  and  to 
end  this  part,  and  the  weakest  are  to  come  in  the  middle. 


'  Tills  division  properly  applies  to  forensic  discussions. 


AN   ORATION   DIVIDED   INTO   PARTS. 


5.  The  Refutation.*     In  the  Refutation,  the  writer  or  speaker  answers 
the  arguments  and  objections  of  his  opponent,  showing  them  to  be  ab- 
surd, false,  trifling,  irrelevant,  or  inconsistent,  as  the  case  may  be. 

6.  The  Peroration,  or  Conclusion.     In  the  Peroration,  he  sums  up  the 
strongest  and  principal  arguments,  and  endeavors  also  to  excite  the 
passions  in  his  favor. 

EXAMPLE  OF  AN  ORATION  DIVIDED  INTO  PARTS. 
Address  of  St  Paul  to  Agrippa,  Acts  xxvi.  2. 

EXORDIUM. 

I  think  myself  happy,  King  Agrippa,  because  I  shall  answer  for  my- 
self this  day  before  thee,  touching  all  the  things  whereof  I  am  accused 
by  the  Jews:  especially  because  I  know  thee  to  be  expert  in  all  cus- 
toms and  questions  which  are  among  the  Jews :  wherefore  I  beseech 
thee  to  hear  me  patiently. 

NARRATION. 

My  manner  of  life  from  my  youth,  which  was  at  first  among  mine 
own  nation  at  Jerusalem,  know  all  the  Jews,  which  knew  me  from  the 
beginning  (if  they  would  testify)  that,  after  the  strictest  sect  of  our  re- 
ligion, I  lived  a  Pharisee.  And  now  I  stand  and  am  judged,  for  the 
hope  of  the  promise  made  by  God  unto  our  fathers :  unto  which  pro- 
mise our  twelve  tribes,  instantly  serving  God  day  and  night,  hope  to 
come  :  for  which  hope's  sake,  King  Arippa,  I  am  accused  by  the  Jews. 
PROPOSITION. 

Why  should  it  be  thought  a  thing  incredible  with  you  that  God  should 
raise  the  dead  ? 

CONFIRMATION. 

I  verily  thought  with  myself,  that  I  ought  to  do  many  things  contrary 
to  the  name  of  Jesus  of  Nazareth.  Which  thing  I  also  did  in  Jerusa- 
lem :  and  many  of  the  saints  did  I  shut  up  in  prison,  having  received 
authority  from  the  chief  priests  ;  and  when  they  were  put  to  death,  I 
gave  my  voice  against  them.  And  I  punished  them  oft  in  every  syna- 
gogue, and  compelled  them  to  blaspheme  ;  and  being  exceedingly  mad 
against  them,  I  persecuted  them  even  unto  strange  cities.  Whereupon, 
as  I  went  to  Damascus,  with  authority  and  commission  from  the  chief 
priests ;  at  mid  day,  0  king !  I  saw  in  the  way  a  light  from  heaven, 
above  the  brightness  of  the  sun,  shining  around  me,  and  them  which 
journeyed  with  me.  And  when  we  were  all  fallen  to  the  earth,  I  heard 
a  voice  speaking  unto  me,  and  saying  in  the  Hebrew  tongue,  "Saul, 
Saul,  why  persecuteth  thou  me  ?  It  is  hard  for  thee  to  kick  against 
the  goads."  And  I  said,  "Who  art  thou  Lord  ?"  And  he  said,  "  I  am 

*  This  division  properly  applies  to  forensic  discussions. 


OUTLINE   FOR   YOUNG   DEBATERS. 


I 


Jesus  -whom  thou  persecutest.  But  rise  and  stand  upon  thy  feet  :  for 
I  have  appeared  unto  thee  for  this  purpose,  to  make  thee  a  minister 
and  a  witness  both  of  those  things  which  thou  hast  seen,  and  of  those 
things  in  which  I  will  appear  unto  thee  ;  delivering  thee  from  the  people 
and  from  the  Gentiles,  unto  whom  I  now  send  thee,  to  open  their  eyes, 
and  to  turn  them  from  darkness  to  light,  and  from  the  power  of  Satan 
unto  God,  that  they  may  receive  forgiveness  of  sins,  and  inheritance 
among  them,  which  are  sanctified  through  that  faith  which  is  in  me." 
Whereupon,  0  King  Agrippa,  I  was  not  disobedient  unto  the  heavenly 
vision ;  but  shewed,  first  unto  them  of  Damascus,  and  afterwards  to 
those  of  Jerusalem,  and  through  all  the  country  of  Judea,  and  then  to 
the  Gentiles,  that  they  should  repent  of  their  sins  and  turn  to  God, 
performing  deeds  worthy  of  that  repentance  which  they  profess. 

KEFUTATION. 

For  these  causes  the  Jews  caught  me  in  the  temple,  and  went  about 
to  kill  me  with  their  own  hands.  Having  therefore  obtained  help  of 
God,  I  continue  unto  this  day,  witnessing  both  to  small  and  great, 
saying  none  other  things  than  those  which  the  prophets  and  Moses  have 
declared  should  come  ;  that  Christ  should  suffer,  and  that  he  should  be 
the  first  that  should  rise  from  the  dead,  and  should  shew  light  unto 
the  people,  and  to  the  Gentiles. 

PERORATION.* 

I  am  not  mad,  most  noble  Festus,  but  speak  forth  the  words  of  truth 
and  soberness.  For  the  king  knoweth  of  these  things,  before  whom 
also  I  speak  freely  :  For  I  am  persuaded  that  none  of  these  things  are 
hidden  from  him ;  for  this  thing  was  not  done  in  a  corner.  King 
Agrippa,  believest  thou  the  prophets  ?  I  know  that  thou  believest. 
I  would  to  God  that  not  only  thee,  but  also  all  that  hear  me  this  day, 
were  both  almost  and  altogether  such  as  I  am,  except  these  bonds. 

OUTLINE  OF  A  DEBATE. 

Are  fictitious  writings  beneficial  ? 

AFFIRMATIVE. 

Fictions  are  productions  of  the  most  brilliant  imaginations,  the 
magnificent  pictures  of  fancy,  enchanting  descriptions  of  vast  fortunes 
acquired  by  building  castles  in  the  air,  wonderful  adventures  of  lovers, 
hair  breadth  escapes  of  knight-errants,  and  glorious  exploits  of  con- 
querors. Stories  to  fascinate  the  young  and  amuse  the  aged. 

*  There  should  be  an  intimation  of  the  conclusion  of  an  address,  for  the  attention  of 
the  audience  generally  revives  towards  its  close,  and  it  is  at  this  point  that  the  orator 
should  make  his  boldest  flights,  and  most  powerful  efforts  to  teave  an  indelible  im- 


I  pression  on  every  mind. 


OUTLINES   FOR    YOUNG    DEBATERS. 


g  2.  By  fictitious  writings  we  mean  novels  and  romances,  unreal 
painting  which  tickle  the  fancy,  and  as  proof  of  their  transcendent 
utility  in  enchaining  the  mind  of  youth  and  creating  habits  of  reading, 
it  is  only  necessary  to  examine  the  captivating  and  alluring  style  in 
which  they  are,  as  a  whole,  always  written.  Many,  especially  young 
ladies,  peruse  them  merely  for  curiosity,  or  amusement,  and  thus  form 
a  taste  for  reading  which  in  all  probability  they  never  would  have  done 
were  it  not  for  productions  of  fiction.  Novels  and  romances  are  illustrated 
with  engravings,  and  are  so  cheap  as  to  be  within  the  reach  of  all,  and 
tend  to  create  a  taste  for  the  fine  arts. 

\  3.  But  their  vast  benefits  are  not  confined  to  the  young  alone,  they 
euter  the  home  of  all  who  have  been  unfortunate  in  business,  and  em- 
ploy the  time  of  disconsolate  wives  and  heart-broken  husbands.  Many 
families  speud  happy  hours  in  reading  and  discussing  the  merits  of  the 
last  novels  of  European  writers,  for  it  is  to  be  regretted  that  we  have, 
as  yet,  few  if  any  in  that  department  who  equal  those  of  England  and 
France. 

4.  As  a  proof  of  the  great  benefits  of  novels  we  need  only  allude  to 
the  fact  that  many  thousands  derive  their  support  from  their  sales. 
Not  a  railroad  car  comes  in  or  goes  out  of  any  city  or  village,  of  any 
note,  in  this  country,  but  has  in  it  some  poor  youth,  perhaps  the  child 
of  a  dissipated  father,  or  which,  we  believe,  is  more  generally  the  case 
of  a  widowed  mother,  who  is  loaded  with  romances,  or  what  amounts 
to  the  same  thing,  newspapers  and  periodicals  which  contain  mostly 
extracts  from  those  works  of  delightful  amusement  and  recreation. 

5.  There  is  not  a  steam  boat  that  plies  on  the  waters  of  this  free 
republic  from  Maine  to  California  but  has  on  board  its  venders  of  novels 
and  romances.     We  have  already  said  enough  to  convince  every  reason- 
able and  intelligent  mind  of  the  vast  benefits  of  works  of  fiction,  yet  we 
deem  it  necessary,  before  closing,  to  clinch  the  nail  and  settle  forever 
this  heretofore  mooted  question.     It  has  been  found  by  statistics*  of 
England  and  France  that  the  publication  of  works  of  fiction  employs 
more  persons,  gives  support  to  more  venders  than  all  the  works  on  re- 
ligion, law,  and  medicine ;  than  all  the  religious,  scientific  and  literary 
magazines,  all  the  religious  newspapers  and  all  the  other  dry  literature 
of  these  countries  combined. 

\  6.  It  is  to  be  regretted  that  in  the  United  States  we  have  no  sta- 
tistics of  the  kind,  but  I  am  sure  the  observations  of  all  present  will 
bear  us  out  in  the  assertion  that  America  is  not  behind  the  old  world 
in  appreciating  the  great  benefits  of  the  works  of  fiction.  In  all  our 
railroad  cars,  and  on  all  our  steamboats  to  which  we  have  alluded, 
comparatively  speaking  no  other  writings  are  read.  The  people  almost 


*  See  Edinburgh  Magazine  for  1850. 

25* 


OUTLINES   FOR   YOUNG   DEBATERS. 


unanimously  see  and  acknowledge  the  benefits  of  fictitious  writings,  fcr 
they  patronize  no  other  books  in  all  our  public  thoroughfares,  and  vox 
populi  vox  DEI.* 

g  7.  In  works  of  fiction  virtue  is  decked  in  all  its  beauty  and  loveli- 
ness, and  vice  is  held  up  in  such  horrible  deformity  that  it  need  only  be 
depicted  to  be  shunned.  The  reader  is  taught  to  enter  the  bowers  of 
paradise  created  by  the  former,  and  enticed  from  the  miseries  of  the 
latter. 

g  8.  Many  novels,  and  particularly  Sir  Walter  Scott's,  are  founded 
on  facts,  and  in  them  are  interwoven  all  the  important  historical  infor- 
mation that  is  necessary  for  any  one  to  know.  Again,  are  not  fables 
fictitious  ?  and  what  is  more,  are  not  the  parables  of  our  Saviour  ficti- 
tious ?  With  these  overwhelming  arguments  we  rest  our  cause. 


2  1.  Before  endeavoring  to  reply  to  the  arguments  of  our  opponents, 
we  give  them  full  credit  for  doing  all  that  skill  and  ability  can  accom- 
plish, they  have  labored  with  an  enthusiasm  worthy  of  a  better  cause, 
and  their  reasonings  if  permitted  to  go  unrefuted,  would  doubtless  be 
productive  of  much  evil. 

\  2.  The  parables  of  our  Saviour  are  not  fictitious,  all  his  parables 
are  facts  introduced  to  represent  truths,  that  is,  He  makes  use  of 
earthly  things  to'illustrate  heavenly  realities,  and  this  is  done  in  order 
to  make  his  instructions  understood.  Fables  are  modes  of  illustrating 
truth,  and  are  symbolical  facts,  and  therefore  are  not  fictitious. 

\  3.  As  far  as  the  novels  of  Scott  are  facts  or  histories,  they  are  not 
fictitious,  and  hence,  have  no  bearing  on  the  subject,  and  all  those  parts 
of  his  novels  which  are  fictitious,  have  a  tendency  to  mislead  and  de- 
ceive the  reader,  and  are  positively  injurious.  How  melancholy  it  is 
to  reflect  that  the  brilliant  intellect  of  Scott  was  squandered  in  amus- 
ing instead  of  instructing  mankind ;  that  he  labored  to  please  men 
instead  of  aiding  them  to  do  substantial  good  and  glorify  their  Creator. 

\  4.  Works  of  fiction  do  not,  as  a  general  rule,  clothe  virtue  in  all 
its  loveliness,  and  vice  in  all  its  deformity.  They  familiarize  the  mind 
with  all  that  is  corrupting  and  depraved,  by  administering  to  the  sen- 
sual appetites,  enervating  and  stultifying  the  intellectual  powers.  The 
very  reverse  of  the  assertion  of  our  opponents,  is  generally  true.  For 
vice  depicted  by  the  tinsel  of  the  novelist,  is  "first  dreaded,  then 
pitied,  then  embraced." 

\  5.  In  real  history  alone  is  the  true  line  of  demarkation  drawn ;  there 
you  see  the  difference  between  virtue  and  vice  practically  illustrated 
In  the  lives  of  Arnold  and  Washington,  Nero  and  Marcus  Aurelius,  Jo- 

*  The  voice  of  the  people  is  the  voice  of  God. 


OUTLINES    FOB   YOUNG   DEBATERS. 


seph  and  his  brethren,  Judas  and  our  Savior.  Our  opponents  regret 
that  we  have  no  statistics  to  prove,  as  they  have  done  with  England 
and  France,  that  the  sales  of  novels  exceed  that  of  all  the  other 
books  of  the  country  combined.  Startling  as  is  this  information  in  re- 
gard to  Europe,  we  will  show  the  sophistry  of  their  conclusions  in  ref- 
erence to  America.  It  is  true  that  all  our  public  thoroughfares  and 
cities  are  flooded  with  novels  ;  because  this  happens  to  be  the  fact,  does 
it  follow  that  they  are  beneficial  ?  These  same  places  abound  with  all 
manner  of  intoxicating  drinks,  but  does  this  prove  that  they  are  pro- 
ductive of  good?  Where  are  the  most  crimes  committed?  Where 
prowls  the  libertine?  the  gambler?  the  thief?  the  incendiary?  the 
robber  ?  the  murderer  ?  the  enemies  of  rational  liberty  and  of  human 
progress  ?  In  the  very  places  where  novels  are  the  most  abundant ; 
and  it  is  a  well  established  fact  that  the  most  heinous  criminals  read, 
exclusively,  works  of  fiction,  and  decry  everything  of  a  moral  and  reli- 
gious tendency.  Truly,  "  by  their  fruits  shall  ye  know  them."  As  for 
the  benefits  of  novels  in  comforting  and  sustaining  those  who  have  been 
unfortunate  in  business,  the  very  reverse  is  true.  Novels  engaged  the 
attention  of  the  young  wife ;  she  neglected  her  domestic  duties,  read 
late  at  night,  became  fretful  and  peevish  because  her  husband  had  not 
millions  at  his  command,  because  he  was  not  a  senator,  governor,  presi- 
dent, duke,  king,  or  emperor ;  she  unconsciously  neglected  her  children, 
made  her  home  intolerable,  and  drove  her  husband  to  the  intoxicating 
bowl,  or  chased  him,  by  her  petulance,  to  a  premature  grave,  and  the 
poor  tatterdemalion  orphans  so  pathetically  described  by  our  opponents, 
were  made  such,  through  the  pernicious  influence  of  novels.  We  admit 
that  many  may  derive  their  entire  livelihood  by  selling  works  of  fiction  ; 
but  is  that  beneficial  which  supports  or  enriches  one  or  a  dozen,  and 
ruins  thousands  ?  Is  it  beneficial  for  a  person  to  sell  apparel  which 
scatters  contagious  diseases,  sickness,  and  death,  and  fills  the  land  with 
gloom  and  misery  ?  Is  that  benficial  which  makes  us  see  things  through 
a  false  medium  ?  Is  that  right  which  has  the  mass  of  the  people  on  its 
side  ?  Then  is  heathenism  and  idolatry  more  beneficial  than  Chris- 
tianity. Then  was  the  banishment  of  the  pure  and  noble  Aristides,  by 
the  vox  populi,  just.  The  arguments  of  vox  populi,  so  strongly  relied 
on  by  our  opponents,  reminds  us  of  the  discussion  of  an  Irishman  and 
an  itinerant  minister  about  theatres:  " And  sure,"  said  the  former, 
"  theatres  must  be  beneficial  for  we  have  in  their  favor  the  king  of 
England,  the  king  of  France,  the  king  of  Spain,  and  all  the  kings,  and 
all  the  nobility  besides,  and  you,  poor  devils,  have  nobody  on  your  side 
except  GOD  ALMIGHTY."  But  to  return  to  the  subject.  The  great  and 
the  wise  of  our  own  country  totally  disregard  the  sickening  tales  of 
newspapers  and  periodicals,  that  editors  insert  for  silly  and  weak  minds. 
Are  the  most  eminent  lawyers,  judges,  doctors,  teachers,  and  ministers, 


OUTLINES   FOR   YOUNG   DEBATERS. 


advocates  of  fictitious  writings  ?  Was  there  ever  a  novel  found  in  the 
library  of  a  single  one  who  ranks  as  one  of  the  founders  of  our  govern- 
ment? The  vox  sapientiae*  is  unanimous  in  favor  of  the  negative  of 
the  question  under  debate,  and  as  for  the  vox  populi,  it  may  sustain  the 
affirmative  side,  and  crucify  the  liberties  of  America,  the  same  as  it  did 
the  SAVIOR  or  THE  WORLD. 

§  6.  As  for  style  it  is  bombastic  and  vulgar;  for  clearness,  simpli- 
city, strength,  or  beauty,  the  advantages  are  always  in  favor  of 
the  sound  literature,  and  the  young  will  find,  by  reading  books  of  bi- 
ography and  history,  as  much  to  captivate  aud  allure  towards  the 
pinnacle  of  usefulness  and  fame,  as  there  is  on  the  side  of  works  of  fic- 
tion to  contaminate  and  sink  into  hopeless  wretchedness.  As  for 
cheapness,  the  American  Bible  Society  furnish  books  uc  a  lower  rate, 
which  lead  to  eternal  bliss  instead  of  eternal  misery.  As  for  a  taste  of 
the  fine  arts,  the  reverse  is  true.  The  dowdy  obscene  wood-cuts  of 
novels  create  a  taste  for  all  that  is  madening  and  tantalizing.  The 
gloomy  cloud  hiding  the  setting  sun  of  many  who  were  born  with  the 
brightest  earthly  prospects  before  them,  has  carried  when  too  lafe,  the 
saddest  intelligence  to  many  agonizing  hearts,  that  bad  books,  novels, 
and  romances,  are  public  fountains  of  vice. 

\  7.  Works  of  fiction  tend  to  give  unnatural  views  of  life,  and  render  a 
distaste  for  all  that  is  holy.  Whoever  heard  of  a  novelist  that  was  fond 
of  studying  and  practising  the  precepts  of  our  Savior.  Whoever  knew 
a  real  novel  but  tended  to  render  the  head  silly;  the  heart  treacherous 
and  corrupt. 

§  8.  The  only  reason  why  works  of  fiction  are  tolerated,  is,  that  they 
are  diluted  with  a  few  facts,  sugared  over  with  a  little  virtue,  but  the 
poison  is  sure  to  produce  its  fatal  results.  The  haunts  of  dissipation 
and  wretchedness  teem  with  novels.  The  worst  members  of  society,  if 
they  read  at  all,  are  certain  to  read  them  to  the  exclusion  of  all  books 
which  tend  to  make  the  head  wiser  and  the  heart  better. 

\  9.  Works  of  fiction,  as  their  name  imports,  are  silent  companions 
of  guile  and  falsehood.  An  eminently  wise  man  once  said,  "Let  me  see 
the  favorite  books  of  an  individual,  and  I  will  tell  you  his  character," 
and  another  once  remarked,  "Let  me  write  the  book  for  a  nation,  and 
I  care  not  who  makes  the  laws." 

\  10.  Works  of  fiction  are  pernicious  in  the  extreme,  because  they 
create  a  relish,  as  their  name  imports,  for  falsehood ;  they  tend  to  make 
weak  minded  and  treacherous  man  silly,  and  dissolute  women.  They 
scatter  the  seeds  of  dissipation  and  depravity,  and  stifle  all  holy  aspira- 
tions for  the  lofty  and  ennobling  principles  of  the  Bible.  It  should 
never  be  forgotten  that  this  book  is  the  basis  of  civilization,  and  of  hu- 


*  The  voice  of  the  wise. 


OUTLINES   FOR   YOUNG   DEBATERS. 


mun  improvement.  No  real  liberty  or  happiness  has  ever  existed,  nor 
can  it  ever  exist  without  it.  Truly  it  "transforms  the  tiger  fury  and 
blindness  of  man  into  the  gentleness  of  the  lamb  and  the  harmlessness 
of  the  dove.  Wherever  its  principles  are  not  studied  and  revered,  re- 
publicanism and  human  bliss  are  alike  unknown. 

2  11.  Many  instances  are  known  of  ladies  whose  youth  was  as  un- 
sullied as  the  untrodden  snow,  the  pride  of  their  families,  bidding  fair 
to  shine  among  the  brightest  literary  stars,  who  began  by  reading  the 
best  illustrated  novels,  and  ended  with  the  worst,  abandoned  their  dear- 
est friends,  carried  the  grey  hairs  of  their  parents  in  sorrow  to  the 
grave,  terminated  their  own  lives  as  outcasts  in  the  vilest  dens  of 
iniquity. 

§  12.  Were  we  compelled  to  lose  our  life  or  take  a  partner  addicted 
to  reading  works  of  fiction,  we  would  choose  the  former,  but  were  this 
poor  boon  denied  and  the  alternative  of  the  latter  presented,  with  that 
of  a  lady  addicted  to  habitual  drunkenness  then  praying  for  death,  we 
should  take  the  latter,  for  her  habits  brutalize  directly  the  body,  and 
render  her  an  object  to  be  shunned,  whereas  those  of  the  former  de- 
prave the  soul  and  beguile  only  to  ruin  forever. 

2  13.  Works  of  fiction  are  greater  scourges  than  war,  pestilence,  the 
inebriating  bowl,  and  famine  combined  for  these  have  intervals  of  ces- 
sation, or  are  mostly  confined  to  the  worst  part  of  the  race,  but  the 
former  are  ever  present,  and  are  perpetually  ensnaring  multitudes  of 
youth  of  both  sexes,  and  particularly  the  fairer  and  better  part  of  cre- 
ation. Novels  and  romances,  these  keenest  missiles  of  Satan,  are  no 
longer  confined  to  the  places  of  their  origin,  the  despotisms  of  the  old 
world,  where  they  beguile  the  attention  of  subjects  and  aid  kings,  the 
better  to  forge  their  fetters,  they  are  stealing  the  names  of  cheap  liter- 
ature, and  flooding  our  land. 

§  14.  Our  country  youths  as  they  for  the  first  time  visit  some  of  the 
great  marts  of  the  Union  are  beset  on  boats,  cars  or  dock,  and  first  en- 
ticed by  stool-pigeons  of  crime  to  buy  the  last  historical  novel ;  then 
follows  in  quick  succession  the  depraving  romances  of  France,  in  which 
are  wilily  concealed  cards  pointing  out  the  most  horrible  dens  of  ini- 
quity into  which  no  one  has  ever  or  can  ever  enter  with  safety. 

|  15.  The  reader  of  works  of  fiction  like  the  drinker  of  ardent  spirits 
knows  not  where  he  will  stop,  or  the  evils  that  will  result  therefrom. 
No  one  can  with  truth  say  they  will  not  injure  me,  for  millions  have 
said  the  same  and  been  irretrievably  ruined. 

\  16.  If  man  dies  not  as  the  brutes  of  the  field  and  the  trees  of  the 
forest,  if  the  mind  lives  forever,  if  human  existence  be  given  to  fit  and 
strengthen  the  mental  faculties  for  the  life  to  come,  then  is  every  work 
which  tends  to  divert  attention  from  the  goal  to  which  we  are  all  rapidly 


10 


OUTLINES    Fviu    YOUNG    DEBATERS. 


hastening,  and  unfitting  us  for  the  end  of  our  creation,  pernicious  in  tbe 
extreme. 

\  17.  Novels  and  romances  insidiously  allure  us  from  the  duties  to  our- 
selves, our  friends  and  our  Creator,  and  engender  a  distaste  for  reading 
the  HOLY  SCRIPTURES,  taking  away  the  purest  happiness  on  earth,  and 
the  strongest  hopes  of  BLISS  IN  HKAVEN.  The  leaves  of  the  novel,  like 
those  of  the  flower  that  conceals  the  deadly  asp  of  the  Nile,  if  handled  at 
all,  are  liable  to  impart  an  unseen  sting  of  unutterable  anguish  and 
woe. 

/*  it  Wrong  for  a  Government  to  Deprive  a  wilful  Murderer  of  Life  ?* 

AFFIRMATIVE. 

\  1.  la  supporting  the  affirmative  of  this  question,  we  shall  not  at- 
tempt to  justify  the  murderer  ;  we  wish  him  to  receive  even  hand  justice, 
but  we  desire  that  he  maybe  punished  otherwise  than  by  death,  and  in  a 
way  that  the  community  will  be  benefitted  by  his  living.  For  death, 
we  propose  to  substitute  imprisonment  for  life.  This  plan  will  be  greater 
punishment,  and  will  also  produce  a  revenue  to  the  State,  and  often 
save  the  lives  of  innocent  persons. 

\  2.  Many  have  been  executed  for  supposed  crimes,  who  afterwards 
were  proved  innocent.  By  imprisoning  alleged  criminals,  they  may, 
when  proved  guiltless,  be  set  at  liberty.  The  murderer,  imprisoned,  is 
a  living  beacon  to  guard  the  young  against  the  dangers  and  penalties  of 
crime,  and  affords  the  strongest  protection  to  the  community.  Again, 
taking  the  life  of  the  murderer,  is  contrary  to  Scripture.  After  Abel 
was  killed  by  Cain,  the  Lord  pronounced  a  seven-fold  vengeance  on  any 
one  who  should  put  him  to  death.  The  Bible  reads,  "  Thou  shalt  not 
kill."  Putting  the  murderer  to  death  is  killing  him,  and  therefore  a 
direct  violation  of  the  law  of  God.  The  Savior  prayed  for  his  mur- 
derers. 

\  3.  If  persons  are  condemned  to  death  for  crimes  by  the  laws,  it 
lessens  the  value  of  human  life  in  the  eyes  of  the  community.  "  Draco's 
bloody  code  doomed  to  death  every  person  who  committed  the  least 
fault ;  but  this  instead  of  lessening  crime  increased  it.  The  Romans 
punished  with  death  many  small  offences — and  behold  the  result,  the 
community  valued  human  life  so  little,  and  the  frequent  executions  had 
so  hardened  the  hearts  of  the  people,  that  the  deadly  combat  of  the 
gladiators  was  a  source  of  great  amusement  even  to  the  ladies,  who 
looked  on  with  joy  to  see  man  butcher  his  fellow-man,  and  hear  his 
death-struggle  with  delight.  In  England,  a  few  years  since,  the  steal- 
ing of  a  watch  was  a  capital  offence ;  yet,  while  one  man  was  being 


*  See  Civil  Magistrate,  Burleigh's  American  Manual,  pps.  268  to  285,  inclusive 


OUTLINES    TOR   YOUNG    DEBATERS. 


11 


executed  for  that  crime,  it  wa<j  reported  that  five  hundred  watches  were 
stolen  from  the  crowd  who  came  to  witness  bis  execution,  and  crimes 
increased  with  a  fearful  ratio,  so  that  the  government  was  convinced 
of  the  necessity  of  abolishing  capital  punishment  for  minor  offences. 
In  our  country,  when  executious  were  public,  every  species  of  crime 
was  committed  under  the  gallows,  and  frequently  other  murders  were 
perpetrated  in  the  vicinity  of  the  execution,  at  the  very  time  or  soon 
after.  Again,  capital  punishment  is  a  species  of  revenge,  a  relic  of  bar- 
barism ;  the  principle  is  the  same  as  if  one  man  who  being  knocked 
down,  niu-t  in  turn  knock  down  his  antagonist." 

§  4.  The  object  of  law  should  be  the  reformation  of  the  criminal,  as 
well  as  the  prevention  of  crime.  This  is  the  end  of  the  Divine  law 
and  government.  The  Creator  does  not  cut  off  immediately  even  the 
greatest  rebel  against  his  just  laws,  but  uses  means  to  reform  him, 
ever  holding  out  the  sceptre  of  peace  and  salvation,  and  entreats  him 
to  turn  and  live.  Here  then  is  a  perfect  example  for  the  magistrates 
of  earth  in  the  making  and  executing  of  laws.  For  these  and  the  other 
reasons  adduced  and  proved  by  facts  and  the  Bible,  capital  punishment 
is  wrong,  a  monstrous,  cruel  and  barbarian  custom,  a  disgrace  even  to 
savages.  As  light  is  dawning  on  the  moral  darkness  of  our  globe,  we 
trust  that  this  and  every  other  custom  that  is  wrong,  will  soon  be 
banished  from  the  civilized  world. 


J  1.  On  this  subject  so  much  depends  on  the  peculiar  feelings  of  in- 
dividuals, and  the  judgments  which  they  form,  that  unanimity  cannot 
be  expected  unless  we  set  out  from  acknowledged  principles,  and 
steadily  pursue  them  to  their  legitimate  consequences. 

§  2.  The  great  object  of  punishment  is  the  prevention  of  crime.  The 
wilful  murderer  Commits  the  greatest  outrage ;  hence  a  government  has 
a  right  in  his  case  to  inflict  that  punishment  which  will  best  prevent 
its  recurrence. 

$  3.  The  death  penalty  is  universally  viewed  with  more  horror  than 
any  other.  Hence  it  is  the  most  efficacious  by  way  of  prevention.  No 
murders  would  ever  be  committed  if  the  life  of  the  offender  were  certain 
to  be  forfeited.  There  never  was  and  never  can  be  a  sentence  to  prison 
for  life  without  a  hope  on  the  part  of  the  culprit  for  escape. 

g  4.  The  death  penalty  of  our  country  offers  a  reasonable  time  to  the 
convict  for  repentance.  A  person  who  has  committed  one  wilful  mur- 
der, will  be  certain  to  commit  another,  if  permitted  to  live  in  society, 
and  many,  if  not  a  majority  of  them  imprisoned  for  life  are  pardoned ; 
they  contaminate  and  ruin  thousands ;  their  very  breath  is  a  moral  pes- 
tilence ;  who  can  doubt  but  that  their  death  would  tend  to  prevent 
crime,  and  be  productive  of  more  good  than  evil. 


12 


OUTLINES   FOR   YOUNG    DEBATERS. 


g  5.  The  affirmative  do  not  attempt  to  justify  the  murderer,  but  their 
arguments  from  beginning  to  end  tend  indirectly  to  encourage  base 
assassins,  robbers,  murderers  and  pirates.  Imprisonment  for  life  a 
greater  punishment  than  death,  was  there  ever  a  criminal  that  preferred 
the  latter  to  the  former,  "by  their  actions  shall  ye  judge." 

§  6.  The  most  heinous  convicts  always  have  confederates  or  asso- 
ciates, who  offer  vast  wealth  to  the  attorney  for  obtaining  a  release. 
Whoever  Knew  a  lawyer  who  could  not  procure  a  pardon  with  a  bag  of 
gold  for  the  most  revolting  butcheries. 

g  7.  The  governor  of  one  of  the  largest  States  not  many  years  ago 
went  into  office  worth  about  four  thousand  dollars,  and  went  out  worth 
half  a  million,  he  pardoned  only  236  criminals.  Think  of  the  number 
of  uncalled  for  pardons  that  have  been  granted  in  our  own  state.  Im- 
prisonment for  life  to  prevent  murder  is  no  more  sensible  than  it  would 
be  to  pile  up  walls  of  tow  to  stop  the  progress  of  the  raging  flames. 

\  8.  The  fallacious  efforts  of  the  affirmative  to  prove  the  correctness 
of  their  position  by  the  Bible,  are  similar  to  those  of  the  Atheist,  to  prove 
there  is  no  God.  When  he  reads  the  latter  part  of  the  verse,  "there 
is  no  God,"  and  omits  the  first  part,  which  says,  "  the  fool  hath  said 
in  his  heart,"  there  is  no  God.*  The  quotations  to  sustain  the  other 
side  of  the  question  when  properly  explained  in  fact  sustains  ours.  But 
we  will  give  a  quotation  which  answers  them,  "  whoso  sheddeth  man's 
blood  by  man  shall  his  blood  be  shed."-}- 

§  9.  The  safety  of  the  community  is  endangered  by  permitting  the 
murderer  to  live.  Among  the  numerous  facts  on  this  head,  we  will 
cite  only  two.  A  few  years  ago,  a  murderer  in  Mexico,  was  sen- 
tenced to  die  on  the  wheel ;  both  of  his  legs  and  one  arm  were  cut  off 
and  he  was  supposed  to  be  dead.  His  mangled  body  was  given  to  the 
physicians,  they  took  it  to  the  dissecting  room  and  there  they  discov- 
ered signs  of  life,  and,  moved  with  pity,  they  used  the  means  to  re- 
suscitate him  with  success. 

§  10.  They  placed  him  by  the  side  of  the  public  highway  that  he 
might  be  supported  by  the  charity  of  travellers.  After  being  there  for 
some  time,  a  wealthy  gentleman  was  passing,  of  whom  the  beggar  so- 
licited alms — (his  remaining  hand  being  concealed  under  his  coat ;)  he 
held  to  him  a  gold  coin — the  solicitor  requested  him  to  put  it  in  his 
pocket,  stating  that  he  had  lost  both  of  his  hands  :  while  stooping  to 
fulfil  his  request,  the  donor  started  back  at  the  sudden  appearance  of  a 
hand  with  a  dirk  in  it;  he  took  the  villain  into  his  carriage  and  carried 
him  to  the  nearest  public  house,  examined  him,  and  found  in  his 
pocket  besides  the  dirk  a  whistle,  which  at  once  suggested  the  idea 
that  he  was  associated  with  a  band  of  robbers. 


*  See  Psalms,  chap.  liii.  1st.  verse. 


f  Gen.  ix.  6. 


OUTLINES    FOR   YOUNG   DEBATERS. 


13 


|  11  A  number  of  nrmed  men  were  collected,  and  going  near  the  place 
where  the  beggar  had  lain,  concealed  themselves,  while  one  blowed  the 
whistle,  when  immediately  several  men  emerged  from  a  cave  with  cut- 
lasses, pistols,  &c. ;  they  were  fii  ed  on  and  killed.  The  party  then  pro- 
ceeded to  the  cavern,  and  there  found  a  large  quantity  of  gold  and  silver, 
and  a  variety  of  articles,  and  in  another  part  a  trap-door,  and  in  the 
cellar  the  remains  of  from  twenty-five  to  thirty  bodies,  most  of  whom 
are  supposed  to  have  been  killed  by  the  one-hand  beggar. 

§  12.  Robert  Kid,  the  notorious  pirate,  stated  that  after  he  had  com- 
mitted the  first  murder,  he  was  horror  struck — his  remorse  of  con- 
science was  almost  insufferable,  but  it  wore  away  by  degrees,  and  at 
length  he  killed  another,  then,  he  says,  "  My  remorse  of  conscience  was 
great,  but  not  so  much  as  after  killing  the  first  man ;  at  length  I 
killed  a  third ;  I  now  had  much  remorse  of  conscience,  but  still  less, 
and  so  on  until  I  felt,  after  killing  over  four  hundred,  no  more  remorse 
of  conscience  in  killing  a  man  than  in  slaying  an  ox."*  The  cruelty 
of  Roman  amusements,  gladiators,  &c.,  has  no  more  to  do  with  the 
question  under  debate,  than  the  bull  fights  of  Spain.  The  bloody  laws 
of  Draco  made  the  stealing  of  a  pin  as  much  a  crime  as  the  most  de- 
liberate murder,  and  are  totally  inapplicable  to  the  present  question. 
In  neither  of  those  instances  did  the  people  look  to  the  Bible  as  the 
light  to  the  path  of  duty.  Capital  punishment  has  been  sanctioned  by 
the  great  and  wise  of  every  nation  and  of  every  age.  Washington  sanc- 
tioned it,  and  caused  Andre  to  be  executed,  who  had  not  even  com- 
mitted murder,  but  was  only  looking  about  to  see  the  condition  of  the 
American  army.  Substitute  imprisonment  for  the  death  penalty,  and 
society  reverts  to  its  savage  state. 

\  13.  The  affirmative  propose  a  half  way  measure  ;  grant  imprison- 
ment for  life,  and  then  its  cruelty  will  be  decried,  and  the  moral 
suasion  of  fanatics  substituted  therefor.  The  death  penalty  cuts  off 
Satan's  hook  from  his  line,  imprisonment  only  puts  on  a  bait;  the 
lock  will  be  broken,  the  wall  scaled,  or  a  pardon  obtained,  and  then 
perhaps  a  score  of  murders  follow  without  detection,  for  practice  in  crime 
as  in  every  thing  else,  makes  perfect.  The  murderer  may  not  be  pre- 
pared to  die,  but  he  always  has  more  time  to  repent  and  prepare  for 
the  dread  change  than  he  allows  his  victim. 

\  14.  The  proposition  to  do  away  with  the  death  penalty  is  theoreti- 
cal, but  the  history  of  the  world  and  common  sense  alike  convince  all 
that  it  never  can  be  carried  out  in  practice.  When  the  farmer  detects 
a  wolf  destroying  his  flock  does  he  try  to  reform  the  animal  in  an  en- 

*  Here  we  see  the  awful  danger  of  beginning  to  do  wrong.  Oh!  let  us  refrain  from 
commencing  any  bad  course  with  more  caution  than  we  would  avoid  a  mad  dog  or  pes- 
tilence ;  for  it  will  prove  the  path  of  death  to  the  body,  and  a  source  of  endless  misery  to 
the  undying  soul. 

"26 


14 


OUTLINES    FOR   YOUNG    DEBATERS. 


closure.  The  wilful  murderer  is  a  ravenous  beast  in  society  ;  lie  de- 
stroys the  flock  of  his  Savior,  prison  walls  aiford  no  permanent  security 
against  his  escape,  and  when  at  large  the  life  of  no  one  is  entirely  safe. 
As  he  grows  in  years  he  advances  in  wickedness,  undermines  the  morals 
of  thousands,  inflicts  vast  misery  hut  gives  no  happiness.  His  good  and 
the  good  of  others  alike  demand  that  he  be  not  plotting  to  kill 
his  keepers,  and  escape  from  prison,  but  that  he  prepare  in  a  given 
time  to  answer  at  the  bar  of  God  in  the  best  possible  way  for  his  atro- 
cious crimes.  The  laws  of  no  country  are  so  rigidly  executed  as  in  Scot- 
land, and  in  no  place,  in  proportion  to  population,  are  there  so  few 
murders.  In  the  State  of  Delaware  the  criminal  laws  are  the  most  se- 
vere, they  have  now  [1852]  no  state  prison,  all  criminals  are  either 
severely  whipped  with  cat  of  nine  tails  or  hanged.  Yet  in  no  State  are 
there  so  few  crimes  committed.  Judge  Willard  Hall  remarked  not  long 
since  that  there  had  been  but  one  horse  stolen  in  Delaware  for  the  past 
fourteen  years.  The  best  way  to  prevent  murder  is  to  have  laws  ren- 
dering detection  if  possible  inevitable,  and  the  greatest  punishment, 
which  is  death,  because  it  is  the  passage  to  eternal  happiness  or  end- 
less misery  to  heaven  or  hell.  It  is  an  acknowledged  principle  that 
whatever  produces  more  good  than  evil  is  right.  The  death  of  the 
wilful  murderer  does  this.  Hence  it  is  not  only  right  but  the  duty  of 
every  government  to  take  the  only  effective  way  to  regenerate  the 
world,  to  elevate  the  race,  to  promote  the  safety,  the  happiness  of  all, 
by  quenching'tbe  ranting  and  raging  fury  of  spurious  philanthro- 
pists, the  apologists,  and  hence  the  cncouragers  of  the  vilest  criminals, 
and  by  killing  instead  of  nourishing,  all  deadly  reptiles,  and  extermi- 
nating instead  of  encouraging  all  the  depraved  monsters  of  crime.* 

Is  Party  Spirit  Beneficial? 

AFFIRMATIVE. 

§  1.  This  is  one  of  the  most  interesting  questions  that  can  claim  hu- 
man attention.  All  legislation  is  defective,  and  a  spirit  for  differing  in 
opinion  is  a  law  of  our  nature.  It  is  not  in  the  power  of  man  to  decide 
what  is  always  expedient.  Questions  must  frequently  arise  on  subjects 
both  of  a  religious  and  political  character,  about  which  men  will  hon- 
estly differ  in  opinion,  and  whether  it  be  "  the  establishment  of  a  church 
without  a  bishop,  or  a  government  without  a  king  ;"  the  education  of 
all  the  children  by  the  church,  or  by  the  public  schools  of  a  state,  you 
will  find  that  the  wisest  and  the  best  honestly  differ  in  opinion;  that 
they  will  become  leaders  of  parties,  and  that  those  parties  are  benefi- 
cial in  arousing  a  universal  spirit  of  enquiry. 


*  For  the  illustrative  facts  in  this  outline,  tlio  author  is  indebted  to  Alfred  E.  Wright, 
wbo  has  labored  indefatlgably  in  collecting  a  mass  of  statistics,  and  elevating  by  his 
publications  the  common  schools  of  our  country. 


OUTLINES   FOR   YOL'XG    DEBATERS. 


15 


'1.  Suppose  there  be  a  party  in  favor  of  war,  there  must.,  as  a  na- 
tural consequence,  be  one  opposed  to  it.'  Suppose  all  were  t&  raise  a 
revenue  of  one  hundred  millions  to  conquer  an  enenw,  then  there  will 
spring  up  a  difference  as  to  the  way  in  which  this  revenue  should  be 
raised,  collected,  and  distributed.  Party  spirit  is  necessary  for  the 
healtby  administration  of  a  government.  It  checks  those  in  power  from 
becoming  oppressive  and  corrupt.  It  was  through  the  raging  and  per- 
fecting power  of  party  spirit,  that  the  Declaration  of  Independence  was 
carried  in  the  Congress  of  1776.  Had  it  not  been  for  the  beneficial  influ- 
ence of  opposing  parties,  our  glorious  constitution  would  not  have  ap- 
proximated so  near  to  perfection  as  it  does.  It  would,  years  ago,  have 
crumbled,  and  its  ruins  caused  gloom  and  desolation  throughout  the 
country.  We  see  by  the  blessings  of  this  spirit,  that  those  parts  of  the 
earth  which  were  formerly  inhabited  by  savages  and  barbarians,  now 
bloom  and  blossom  like  the  rose,  under  the  noblest  form  of  government 
on  which  the  sun  has  ever  risen.  The  ^>ress  is  nearly  equally  divided. 
The  partisans  in  religion  and  politics,  arouse  the  dormant  energies  of 
the  whole  laud,  and  excite  among  all  classes  an  unquenchable  thirst  for 
investigation,  for  research,  and  mental  elevation.  All  ancient  govern- 
ments that  were  the  seats  of  science,  of  civilization,  and  of  liberty, 
received  the  beneficial  influence  of  party  spirit.  Wherever  the  sun  of 
liberty  now  shines  the  brightest ;  wherever  our  holy  religion  is  most 
prized  and  revered,  there  do  you  find  this  spirit  in  the  fullest  plentitude 
of  its  power.  Hence,  the  demonstration  that  PARTY  SPIRIT  is  BENEFI- 
CIAL. 

NEGATIVE. 

§  1.  There  is  more  of  speciousness  than  of  reality  in  the  arguments 
of  the  affirmative.  It  is  boldly  asserted  that  "  a  spirit  for  differing  in 
opinion,  is  a  law  of  our  nature."  Hence,  according  to  the  tenor  of  this 
fallacious  reasoning,  God  has  endowed  us  with  faculties  which,  if  we 
use  aright,  will  lead  us  to  DISPUTE  THE  TRUTH.  Our  opponents  have 
marshalled  before  you  the  founders  of  our  government ;  and  what  do 
all  their  declarations  prove :  simply,  that  there  was  a  party  in  favor  of 
a  foreign  king,  and  a  party  in  favor  of  American  liberty.  The  former, 
the  advocates  of  error ;  the  latter,  of  truth.  We  have  been  eloquently 
reminded  of  the  ancient  cradles  of  science  and  liberty ;  and  what  does 
it  all  amount  to  ;  why,  simply  this  :  that  Republics,  rent  by  the  insane 
fury  of  parties,  have  been,  "  like  man  born  of  woman,  few  of  days  and 
full  of  trouble."  We  should  deem  the  history  of  ancient  republics,  a 
fable,  were  it  not  that  their  crumbling  monuments  still  attest  alike  their 
magnificence  and  the  ruinous  results  of  party  spirit ;  and  wherever  it  is 
now  raging;  whether  the  mass  of  the  people  are  marshalled  under  the 
banners  of  sectarian  or  political  aspirants,  there  is  the  progress  of  lib- 


OUTLINES   FOR   YOUNG   DEBATERS. 


erty  jeopardized,  and  the  cause  of  truth  and  justice  set  at  defiance. 
No  two  opposite  parties  either  in  religion  or  politics,  were  ever  or  can 
ever,  both  be  equally  right ;  and  the  arguments  of  the  affirmative,  in 
demonstrating  this  question,  prove  that  good  is  evil  and  that  error  is 
truth,  and  that  both  are  right.  The  fact  is,  there  can  be  no  parties 
about  truth ;  no  opposition  can  rightfully  be  brought  against  it.  Party 
spirit  is  the  prolific  source  of  falsehood.  If  truth  be  known,  there  can 
be  no  difference  of  opinion  among  honest  men.  We  should  assist  each 
other  in  seeking  it,  and  found  all  our  actions  on  its  enduring  principles. 
All  our  investigations  should  be  conducted  with  fairness  and  sincerity. 
In  even  the  best  regulated  Christian  communities  at  the  present 
day,  there  are  parties.  The  reason  is,  that  Christians  are  only  men. 
Questions  arise  in  which  they  feel  a  personal  interest,  and  their  feelings 
lead  them  astray.  But  this  is  pernicious  instead  of  being  beneficial. 
We  are  all  Americans,  and  we  should  feel  as  did  the  patriarch  of  old, 
that  there  ought  to  "  be  no  difference  between  us,  for  we  are  brethren." 
There  can  be  but  one  true  and  safe  course,  which  is  of  mutual  assistance, 
peace  and  harmony.  In  all  questions  where  a  difference  of  opinion 
arises,  let  us  coolly  argue  the  point  and  calmly  weigh  the  evidence 
thereon,  and  with  the  decision  of  the  majority  be  content.  Party  spirit 
is  at  war  with  these  principles  ;  it  is  prejudicial  to  the  cause  of  truth 
and  justice.  It  cares  more  about  a  triumph  than  about  right.  If  par- 
ties exist,  error  and  falsehood  must  at  least  be  the  foundation  of  one  of 
them.  The  cry  becomes  what  can  we  do  to  promote  the  success  of 
our  party,  whereas  it  should  be,  what  can  we  do  to  benefit  our  country. 
All  become  maddened  by  partisan  huzzas,  and  are  zealous  for  town, 
or  country,  or  state,  or  northern,  or  southern  lines,  and  lose  sight  of  the 
permanent  good,  the  prosperity  and  glory  of  the  whole  country.  This 
pandora  box  that  feeds  party  spirit,  has  already  threatened  the  very 
existence  of  our  republic.  The  Northerner  despises  the  Southerner  and 
the  Southerner  detests  the  Northerner.  Malicious  feelings  are  produced  ; 
whole  neighborhoods  are  in  a  state  of  fiendish  commotion ;  friends  are 
separated  ;  the  domestic  ties  of  families  are  sundered  ;  fraud,  violence, 
and  murder  are  nourished  by  party  spirit.  No  matter  how  sincere 
persons  of  opposing  parties  may  be  in  supposing  that  their  side  is  right,- 
the  question  in  debate  has  nothing  to  do  with  what  people  think  or 
pretend  to  think,  but  what  is  beneficial,  not  to  the  leader,  but  to  the 
whole  community.  All  the  arguments  in  favor  of  parties  are  visionary 
and  fallacious.  Party  spirit  promotes  many  wicked  and  incompetent 
men  to  office,  merely  because  they  are  boisterous  partisans.  The 
watchword  becomes,  who  has  served  his  party  with  the  most  zeal,  in- 
stead of  who  is  the  most  competent,  faithful,  and  meritorious. 

§  2.  Party  spirit  is  opposed  to  merit;  the  great  and  wise  of  every  age 
and  nation  have  suffered  by  it.     Seneca  was  condemned  to  death,  Plato 


OUTLINES   FOR  YOUNG   DEBATERS. 


17 


was  doomed  to  slavery,  Pythagoras  was  burned  alive,  and  Socrates  was 
fated  to  drink  the  poison  cup;  all  like  vile  criminals,  were  sacrificed  at  the 
shrine  of  Moloch.  But  we  need  not  go  out  of  our  own  country  for  the 
baneful  influence  of  party  spirit,  Washington  was  slandered  as  a  traitor, 
a  party  was  raised  to  displace  him  from  the  command  of  the  American 
Army,  and  public  meetings  called  to  burn  him  in  effigy,*  No  one  since 
his  day  has  been  a  candidate  for  the  highest  office  in  the  world  without 
being  traduced ;  as  a  general  rule,  the  greater  the  ability  and  merit,  the 
more  clamorous  and  virulent  has  been  the  cry  of  partisan  slanderers. 
Unless  some  rational  course  be  taken  to  mitigate  the  animosity  of  par- 
ties, this  boasted  republic  will  follow  the  fate  of  all  its  predecessors,  for 
a  "  House  divided  against  itself  cannot  stand,"  but  we  have  already 
said  enough  to  prove  that  party  spirit  is  subversive  of  the  peace  and 
comfort  of  families,  at  war  with  the  principles  of  truth  and  justice,  and 
destructive  of  the  enduring  prosperity  and  renown  of  a  nation. 

Does  Christianity  diminish  human  happiness  in  this  life  t 

AFFIRMATIVE. 

Any  thing  restricts  human  happiness  when  the  resulting  evil  over- 
balances the  good.  Many  Christians  are  willing,  if  not  anxious  to  die, 
but  whoever  has  known  a  person  not  pious  willing  to  meet  death.  Do 
not  all  dread  it,  from  the  beggar  in  his  lonely  hovel  to  the  king  in  his 
palace.  Men  seek  their  own  happiness,  hence  the  proof  that  the 
Christian  being  unhappy  is  willing  to  die,  and  all  who  are  unconverted 
being  comparatively  speaking  happy,  are  unwilling  to  leave  the  bliss 
they  enjoy  here  below.  Where  especially  among  ladies,  do  you  find  the 
most  mirth  and  joy,  where  rings  loudest  the  laugh,  where  pass  away 
the  hours  under  pleasures  flying  feet,  among  those  who  have  not  the 
restraints  of  religion  to  mar  their  happiness.  But  we  need  not  be  con- 
fined to  the  narrow  sphere  of  families  and  neighborhoods  Christianity 
has  occasioned  wars.  It  caused  numerous  and  direful  persecutions  in 
the  palmiest  days  of  the  Roman  Empire,  and  during  the  reformation. 
It  produced  the  crusades,  and  the  incalculable  amount  of  crime,  and 
human  wretchedness  resulting  therefrom,  has  caused  the  most  bitter 
and  heart-rending  persecutions  throughout  the  civilized  world.  We 
know  our  opponents  may  bring  forward  the  plea  that  the  eternal  hap- 
piness of  the  b'iss  of  the  soul  which  lives  beyond  the  grave  outbalances 
all  this,  but  we  wish  them  confined  rigidly  to  the  question,  and  that 
has  reference  exclusively  to  this  world,  and  here  we  have  every  one 
who  is  fond  of  amusement  and  the  social  circle,  and  the  practice  and 
actions  of  the  great  bulk  of  the  people  of  this  free  republic,  and  the 

*  Remembrance  of  the  late  Col.  James  Stimson,  of  Maryland. 


26 


D 


OUTLINES   FOR  YOUNG   DEBATERS. 


common  sense  of  mankind,  all  in  favor  of  the  affirmative  of  the  ques- 
tion. 

NEGATIVE. 

In  proving  the  negative  of  this  question,  we  propose  to  consider  first 
the  happiness  Christianity  confers  on  its  POSSESSORS,  and  then  its  mi- 
raculous power  in  alleviating  human  suffering  and  blessing  the  whole 
human  race.  Outward  appearances  are  generally  deceptive,  the  smiling 
countenance  often  conceals  the  saddest  anguish  of  the  heart,  and  the 
lady  who  is  all  mirth  and  glee  is  too  often  like  the  dove  that  folds  its 
wings  to  conceal  the  barb  of  death.  The  minds  of  those  who  are 
Christians,  like  the  unruffled  waters,  run  deep,  and  enjoy  pleasures 
concealed  from  mortal  view.  Which  is  the  happiest  the  votary  of 
pleasure  or  the  Christian.  Death  may  overtake  us  at  any  moment. 
The  vast  sum  of  human  happiness  is  made  up  of  peace  of  conscience, 
and  that  even  tranquillity  which  renders  one  always  contented  with  his 
present  condition,  and  enables  him  to  confer  great  and  perpetual  bliss 
on  all  around.  The  argument  of  the  hour  of  death  so  strongly  relied 
on  by  the  affirmative  is  in  reality  the  very  strongest  one  in  our  favor, 
all  must  die,  the  Christian  feels  ever  ready ;  he  looks  forward  to  the 
brightest  and  most  glorious  prospect,  but  the  sinner  "  is  without  hope 
and  without  God  in  the  world."  He  is  constantly  terrified,  conscience 
which  is  ever  whispering  to  him,  speaks  of  the  dark  and  gloomy  future, 
he  fears  perdition,  and  is  ever  unhappy.  The  POSSESSOR,  not  the 
mere  Professor  of  Christianity,  sets  a  noble  example,  and  carries 
with  him  every  where  peace  and  love,  and  strews  around  content- 
ment and  happiness.*  Christianity  confers  felicity,  for  it  is  the  law  of 
God.  Is  there  any  one  so  credulous  as  to  believe  that  JEHOVAH  would 
annex  misery  for  practising  what  he  has  commanded  and  approved  ?  It 
has  been  boldly  asserted  that  Christianity  has  caused  devastating  wars, 
that  it  was  the  source  of  the  most  cruel  and  unheard  of  persecutions ; 
at  the  zenith  of  the  power  of  Imperial  Rome ;  that  it  originated  the 
crusades  and  the  untold  misery  resulting  therefrom  ;  that  it  was  the 
source  of  the  heart-rending  persecutions  during  the  reformation,  and 
that  it  has  continued  to  embroil  and  embitter  society  ever  since.  The 
fact  is,  all  these  atrocities  and  scourges  have  originated  from  an  entirely 
different  cause,  viz  :  THE  EVIL  DISPOSITION  OF  MAN.  Who  acts  in  direct 
opposition  to  the  whole  weight  and  power  of  Christianity ;  where  have 
wars  been  the  most  frequent,  ferocious,  bloody  and  desolating,  in  coun- 
tries not  Christianized,  "whence  come  wars  and  fighting  among  you, 
come  they  not  hence  even  of  your  lusts."  Persecutions  have  existed  in 
every  age  and  country.  Who  persecuted  Shadrach,  Meshack,  and 


*  See  "  Do  as  you  would  be  done  by,"  page  76,  Burleigh's  School  Thinker. 


OUTLINES   FOR   YOUNG   DEBATERS. 


19 


Ahednego?  Who  does  not  see,the  absurdity  of  the  affirmative  in  at- 
tributing to  a  cause,  effects  which  are  found  anterior  to  it,  and 
where  it  never  has  existed.  All  nations  have  practiced  persecu- 
tions where  the  Christian  religion  was  unknown.  Persecution  is 
found  in  all  communities,  and  has  nothing  to  do  with  Christianity, 
which,  instead  of  encouraging,  has  always  presented  the  strongest  pos- 
sible barriers  against  intolerance.  Christ  says,  "  Do  good  to  them  that 
hate  you  and  pray  for  those  who  despitefully  use  you  and  persecute 
you."  Christianity  has,  irrefutably,  improved  and  elevated  the  condi- 
tion of  human  society.  It  has  abolished  gladiatorial  shows,  and  the 
contests  between  men  and  wild  beasts.  For  the  offering  of  human  sac- 
rifices it  has  taught  us  to  acknowledge  and  forsake  our  sins.  It  hum- 
bles kings  and  nobles,  for  it  teaches  them  that  their  poor  Christian 
menials  are  better  than  themselves.  It  has  elevated  the  condition  of  the 
poor,  and  provided  for  the  proper  education  of  children.  Christianity 
enhances  the  happiness  of  the  race  inconceivably  even  in  this  life.  It 
has  supplied  innocent  entertainments  for  those  that  were  pernicious ; 
it  has  enacted  wise  laws ;  it  Iras  rendered  travelling  safe ;  promoted 
literature,  advanced  science ;  established  the  law  of  nations,  protecting 
the  persons  of  foreigners  in  distant  countries  ;  mitigated  the  horrors  of 
war  by  causing  prisoners  to  be  treated  with  humanity  ;  created  a  regard 
for  piety  ;  founded  hospitals ;  raised  woman  from  her  abject  condition 
as  a  chattel  and  degraded  slave  to  her  proper  rank  in  society.  Like 
the  sun  in  heaven,  its  beueficient  rays  fall  on  all,  though  not  alike  on 
each.  Yet  every  one,  however  low  or  degraded,  is  rendered  happier  by 
its  beneficent  influence. 

2  3.  The  preceding  outlines  have  been  given  to  encourage  persona  who 
have  had  little  or  no  experience  in  conducting  public'  discussions.  It 
may  be  remarked  that  the  same  arguments  do  not  appear  alike  to  every 
mind  ;  that  circumstances  may  be  ingeniously  adduced,  which  if  rightly 
construed,  would  sustain  the  opposite  side  of  a  question,  and  that  mere 
reports  are  very  different  from  facts,  and  should  always  be  closely 
scanned.  For  example,  the  assertion  in  the  first  line  of  page  11,  that 
600  watches  were  stolen,  is  incredible,  and  may  be  refuted  by  showing 
that  it  was  a  conspiracy  among  thieves  to  destroy  the  law,  i.  e.,  one 
thief  stole  from  the  other,  and  that  he  in  turn  stole  it  again,  and  so  on, 
till  the  same  watch  had  been  stolen  and  re-stole  500  times  ;  or  that 
there  were  not  more  than  fifty  watches  at  that  period  in  the  whole 
country  where  the  execution  occurred,  &c.  Young  debaters,  like 
children  commencing  to  walk,  should  receive  every  possible  Encourage- 
ment, and  should  not  always  be  rigidly  confined  to  the  subject. 

\  4.  The  questions  and  hints  on  the  following  pages  are  designed  for 
societies  which  have  had  more  experience  in  conducting  discussions. 


20 


HINTS   FOR  LITERARY  AND   DEBATING   SOCIETIES. 


Is  Unanimity  in  Juries  conducive  to  the  Equity  of  their  Verdicts  ?* 


AFFIRMATIVE.     [Heads.] 

Folly  to  require  unanimity,  to 
convict  the  meanest  criminal  when 
a  bare  majority,  the  preponderance 
of  a  single  yote,  will  decide  the 
most  important  deliberations  of  a 
State  or  Nation.  A  majority  of 
one  is  sufficient  to  declare  a  war 
which  will  destroy  the  lives  of 
thousands.  One  perverse  and  ob- 
stinate individual,  or  one  who  is 
corrupted  by  a  bribe,  may  entii'ely 
thwart  the  ends  of  justice,  and 
keep  from  merited  punishment  the 
vilest  criminal.  Improvement  is 
the  order  of  the  day.  In  a  free 
country  the  majority  should  rule. 
Unanimity  is  a  relic  of  English 
Monarchy. 


NEGATIVE.     [Heads.] 

It  causes  investigation  and  dis- 
cussion in  all  questions  of  differ- 
ence, and  leans  to  the  side  of 
•mercy.  A  large  minority  would 
always  create  dissatisfaction  to  the 
sentence.  It  is  better  for  the 
guilty  to  escape  than  .for  the  inno- 
cent to  be  punished.  Being  con- 
demned by  a  unanimous  voice  does 
away  entirely  with  the  unjust  usur- 
pation of  executives  ;  pardoning 
power.  Rulers  are  liable  to  be 
bribed  as  well  as  jurors.  The 
affirmative  supports  the  side  of 
theory.  The  negative  is  sanctioned 
by  all  past  experience,  and  the 
approbation  of  the  civilized  world. 


Ought  Foreign  Immigration  to  be  Encouraged  ? 


AFFIRMATIVE.     [Heads.] 

Needed  to  increase  our  popula- 
tion ;  to  occupy  waste  land ;  to 
add  to  the  power  of  our  army  ;  to 
our  manufacturing  establishments  ; 
to  increase  our  institutions  of 
learning  ;  and  to  promote  the  lite- 
rature of  the  country.  Should  be 
encouraged  by  grants  of  land  and 
naturalization.  The  exile  the 
strongest  supporter  of  Liberty. 
And  lastly,  the  superior  intellect 
of  foreigners  is  necessary  to  im- 
prove American  literature.  See 
Buffons  Natural  History,  &c. 


NEGATIVE.     [Heads.] 

Paupers ;  criminals ;  Botany 
Bay ;  Land  monopoly ;  Armies  a 
curse  ;  Tools  of  tyrants  ;  encou- 
rage all  the  vice  of  Europe;  em- 
brace the  policy  that  makes  a 
million  poor ;  a  few  nabobs.  With 
those  who  engraft  monarchial 
principles ;  small  farms  ;  merit ; 
To  corrupt  ballot  boxes ;  Licen- 
tiousness ;  Exploded  theory.  We 
should  respect  ourselves  and  our 
country.  See  lives  of  Eminent 
American  Statesmen  and  Divines, 
History  U.  S.  &c. 


*  See  Duties  and  Responsibilities  of  Jurors,  Burleigh's  American  Manual. 


HINTS   FOR   LITERARY  AND   DEBATING    SOCIETIES. 


21 


Do  Males  exert  a  Greater  Beneficial  Influence  than  Females  9 


AFFIRMATIVE.       [Heads.] 

Males  are  stronger  in  body  and 
mind.  Occupy  -all  the  learned 
professions ;  all  offices  of  trust, 
honor  or  profit.  Direct  the  com- 
merce, manufactories,  education, 
banks,  the  press  and  armies. 
Command  the  wealth ;  wealth  is 
power  ;  males  found  colleges  ;  the 
strongest  levers  of  Christianity ; 
women  dislike  colleges ;  spend  all 
their  time  and  influence  in  favor  of 
pernicious  novels  and  romances. 
This  question  applies  to  the  whole 
race,  in  all  uncivilized  countries 
women  are  slaves  and  have  no 
influence. 

Ought  the  Liberty  of  the 

AFFIRMATIVE.       [Heads.] 

Restrictions  necessary  to  promote 
truth  and  repress  falsehood.  Rome 
and  Greece  were  free,  yet  they  had 
no  free  press.  Foulest  calumnies 
circulated  through  the  press.  Sanc- 
tions robbers  of  character  who  are 
more  detestable  than  those  of 
money.  Thousands  live  and  die 
by  being  slandered.  Like  a  pesti- 
lence no  one  is  safe  from  its  perni- 
cious attacks.  Christianity  ridi- 
culed and  belied  by  it.  Infidelity 
disseminated.  The  French  revolu- 
tion, 1793,  and  the  reign  of  terror 
countenanced.  Power  may  be 
abused ;  the  press  is  power  and 
ought  to  be  restrained.  Enter  semi- 
naries ;  contaminate  the  young ; 
ruin  a  nation. 


*  See  Apology  for  the  freedom  of  the 
press  by  Robert  Hall.  And  R.  Hunter  on 
formation  and  publication  of  opinions. 


NEGATIVE.  [Heads.] 
Strength  no  test  of  intellectual 
power  and  moral  influence.  Sir 
Isaao  Newton  feeble.  Women 
mould  the  character.  Sir  Wm. 
Jones:  Bonaparte;  Doddridge ; 
Washington  left  exclusively  to  the 
mother.  Semiramis,  Helen  of 
Troy ;  Maid  of  Orleans  ;  Isabella, 
Catharine  of  Russia,  Maria  The- 
resa, Elizabeth,  Pocahontas,  Victo- 
ria, Jenny  Lind.  Free  from  drunk- 
enness ;  Kings  control  mankind, 
Women  control  Kings.  Hemans, 
Hannah  More,  Ac.  &c.  Direct  the 
affairs  of  tie  Christian  World,* 
three-quarters  Christian  Females. 

Press  to  be  Restricted?* 

NEGATIVE.  [Heads.] 
Truth,  like  gold,  the  more  it  is 
rubbed  the  brighter  it  shines  ;  al- 
ways prevails  over  all  libellous  at- 
tacks. If  false  restrictions  tend  to 
perpetuate  ;  Greece  and  Rome,  did 
not  maintain  their  liberty.  More 
crime  and  vice  where  it  is  re- 
stricted. Refutation  follows  slan- 
der. Destroys  tyrants,  the  rob- 
bers of  nations.  Millions  die  for 
the  want  of  having  their  rights 
fearlessly  advocated.  A  virtuous 
man  lives  free,  for  the  calumniator 
is  not  believed.  Christianity  re- 
futes its  puny  attacks ;  encircles  the 
globe  with  light  and  bliss.  French 
revolution  by  stifling  free  discus, 
sion.  A  free  press  exposes  bad 
books  and  stops  their  Bale.  Impos- 
sible to  restrict  it  in  a  beneficial 
way.  Bad  rulers  have  bad  men  to 
control  it.  Our  own  country,  glory 
and  hope  of  the  world. 


THE    ORIGINAL 

ARTICLES  OF  CONFEDERATION. 


TO    ALL    TO    WHOM    THESE    PRESENTS    SHALL    COME. 
We,  the  undersigned  Delegates  of  the  States  affixed  to  our  Names,  send  greeting. 

WHEREAS  the  Delegates  of  the  United  States  of  America  in  Congress  assembled,  did,  on  the 
fifteenth  Day  of  November,  in  the  Year  of  our  Lord  one  thousand  seven  hundred  and  seventy- 
seven,  and  in  the  second  Year  of  the  Independence  of  America,  agree  to  certain  Articles  of  Con- 
federation and  perpetual  Union  between  the  States  of  New  Hampshire,  Massachusetts  Bay, 
Rhode  Island  and  Providence  Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South.  Carolina  and  Georgia,  in  the  Words  fol- 
lowing, viz. : — 

Articles  of  Confederation  and  perpetual  Union  between  the  States  of  New  Hampshire,  Massachusetts 

Bay,  Rhode  Island  and  Providence  Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsylva- 

nia^fklateare,  Maryland,  Virginia,  North  Carolina,  South  Carolina  and  Georgia. 

ARTICLE  I.    The  Style  of  this  Confederacy  shall  be  "  The  Dnited  States  of  America." 

ART.  11.  Each  State  retains  its  Sovereignty,  Freedom,  and  Independence,  and  every  Power, 
Jurisdiction,  and  Right,  which  is  not  by  this  Confederation  expressly  delegated  to  the  United 
States  in  Congress  assembled. 

ART.  III.  The  said  States  hereby  severally  enter  into  a  firm  League  of  Friendship  with  each 
other,  for  their  common  Defence,  the  Security  of  their  Liberties,  and  their  mutual  and  general 
Welfare ;  binding  themselves  to  assist  each  other,  against  all  Force  offered  to.  or  Attacks  made 
upon  them,  or  any  of  them,  on  Account  of  Religion,  Sovereignty,  Trade,  or  any  other  Pretence 
whatever. 

ART.  IV.  The  better  to  secure  and  perpetuate  mutual  Friendship  and  Intercourse  among 
the  People  of  the  different  States,  in  this  Union,  the  free  Inhabitants  of  each  of  these  States, 
Paupers,  Vagabonds,  and  Fugitives  from  Justice  exeepted,  shall  be  entitled  to  all  Privileges  and 
Immunities  of  free  Citizens  in  the  several  States ;  and  the  People  of  each  State  shall  have  free 
Ingress  and  Regress  to  and  from  any  other  State,  and  shall  enjoy  therein  all  the  Privileges  of 
Trade  and  Commerce,  subject  to  the  same  Duties,  Impositions,  and  Restrictions  as  the  Inhabit- 
ants thereof  respectively,  provided  that  such  Restrictions  shall  not  extend  so  far  as  to  prevent 
the  Removal  of  Property  imported  into  any  State,  to  any  other  State  of  which  the  Owner  is  an 
Inhabitant;  provided  also,  that  no  Imposition,  Duties,  or  Restriction  shall  be  laid  by  any  State, 
on  the  Property  of  the  United  States,  or  either  of  them. 

If  any  Person  guilty  of,  or  charged  with  Treason,  Felony,  or  other  high  Misdemeanor  in  any 
State,  shall  flee  from  Justice,  and  be  found  in  any  of  the  United  States,  he  shall,  upon  Demand 
of  the  Government  or  executive  Power  of  the  State  from  which  he  fled,  be  delivered  up  and 
removed  to  the  Stale  having  Jurisdiction  of  his  Offence. 

Full  Faith  and  Credit  shall  be  given  in  each  of  these  States  to  the  Records,  Acts  and  judicial 
Proceedings  of  the  Courts  and  Magistrates  of  every  other  State. 

ART.  V.  For  the  more  convenient  Management  of  the  general  Interests  of  the  United 
States,  Delegates  shall  be  annually  appointed,  in  such  Manner  as  the  Legislature  of  each  State 
shall  direct,  to  meet  in  Congress  on  the  first  Monday  in  November,  in  every  Year;  with  a 
Power  reserved  to  each  State,  to  recal  its  Delegates,  or  any  of  them,  at  any  Time  within  the 
Year,  and  to  send  others  in  their  Stead,  for  the  Remainder  of  the  Year. 

No  State  shall  be  represented  in  Congress  by  less  than  two,  nor  by  more  than  seven  Mem- 
bers; and  no  Person  shall  be  capable  of  being  a  Delegate  for  more  than  three  Years  in  any 
Term  of  six  Years ;  nor  shall  any  Person,  being  a  Delegate,  be  capable  of  holding  any  Office 
under  the  United  States,  for  which  he,  or  another  for  his  Benefit,  receives  any  Salary,  Fees,  or 
Emolument  of  any  Kind. 

Each  State  shall  maintain  its  own  Delegates  in  a  Meeting  of  the  States,  and  while  they  act 
as  Members  of  the  Committee  of  the  States. 

In  determining  Questions  in  the  United  States,  in  Congress  assembled,  each  State  shall  have 
one  Vote. 

Freedom  of  Speech  and  Debate  in  Congress  shall  not  be  impeached  or  questioned  in  any 
Court,  or  Place  out  of  Congress,  and  the  Members  of  Congress  shall  be  protected  in  their  Per- 
sons from  Arrests  and  Imprisonments,  during  the  Tune  of  their  going  to,  and  from,  and  attend- 
ance on  Congress,  except  for  Treason,  Felony,  or  Breach  of  the  Peace. 

ART.  VI.  No  State,  without  the  consent  of  the  United  Mates  in  Congress  assembled,  shall 
send  any  Embassy  to,  or  receive  any  Embassy  from,  or  eater  into  any  Conference,  Agreement, 
Alliance,  or  Treaty  with  any  King,  Prince,  or  Slate ;  nor  shall  any  Person  holding  any  Office  of 
Profit  or  Trust  under  the  United  States,  or  any  of  them,  accept  of  any  Present,  Emolument, 
Office,  or  Title  of  any  Kind  whatever  from  any  King,  Prince,  or  foreign  State  ;  nor  shall  the 
United  States  in  Congress  assembled,  or  any  of  them,  grant  any  Title  of  Nobility. 


(22) 


ARTICLES  OF  CONFEDERATION.  23 


No  two  or  more  States  shall  enter  into  any  Treaty,  Confederation,  or  Alliance  whaterer  be- 
tween them,  without  the  Consent  of  the  United  States  in  Congress  assembled,  specifying  accu- 
rately the  Purposes  for  which  the  same  is  to  be  entered  into,  and  how  long  it  shull  continue. 

No  State  shall  lay  any  Imposts  or  Duties,  which  may  interfere  with  any  Stipulations  in 
Treaties,  entered  into  by  the  United  States  in  Congress  assembled,  with  any  King,  Prince,  or 
State,  iii  pursuance  of  any  Treaties  already  proposed  by  Congress,  to  Hie  Courts  of  France 
and  Spain. 

No  Vessels  of  War  shall  be  kept  up  in  Time  of  Peace  by  any  State,  eicept  such  Number  only, 
as  shall  be  deemed  necessary  by  the  United  States  in  Congress  assembled,  for  the  Defence  of 
such  State,  or  its  Trade ;  nor  shall  any  Body  of  Forces  be  kept  up  by  any  State,  in  Time  of 
Peace,  except  such  Number  only,  as  in  the  Judgment  of  the  United  States,  in  Congress  assem- 
bled, shall  be  deemed  requisite  to  garrison  the  Forts  necessary  for  the  Defence  of  such  State ; 
but  every  State  shall  always  keep  up  a  well-regulated  and  disciplined  Militia,  sufficiently  armed 
and  accoutred  and  shall  provide  and  constantly  have  ready  for  Use,  in  public  Stores,  a  due  Num- 
ber of  Fieldpieces  and  Tents,  and  a  proper  Quantity  of  Arms,  Ammunition  and  Camp-equipage. 

No  State  shall  engage  in  any  War  without  the  Consent  of  the  United  States  in  Congress 

sembled,  unless  such  State  be  actually  invaded  by  Enemies,  or  shall  have  received  certain 
Advice  of  a  Resolution  being  formed  by  some  Nation  of  Indians  to  invade  such  State,  and  the 
Danger  is  so  imminent  as  not  to  admit  of  a  Delay,  till  the  United  States  in  Congress  assembled 
can  be  consulted  :  nor  shall  any  Slate  grant  Commissions  to  any  Ships  or  Vessels  of  War,  nor 
Letters  of  Marque  or  Reprisal,  except  it  be  after  a  Declaration  of  War  by  the  United  States  in 
Congress  assembled,  and  then  only  against  the  Kingdom  or  State  and  the  Subjects  thereof, 
against  which  War  has  been  so  declared,  and  under  such  Regulations  as  shall  be  established 
t>)'  the  Umied  States  in  Congress  assembled  :  unless  such  State  be  infested  by  Pirates,  in  which 
Case  Vessels  of  War  may  be  fitted  out  for  that  Occasion,  and  kept  so  long  as  the  Danger  shall 
continue,  or  until  the  United  States  in  Congress  assembled  shall  determine  otherwise. 

ART.  V1L  When  land  Forces  are  raised  by  any  State  for  the  common  Defence,  all  Officers 
of  or  under  the  Rank  of  Colonel  shall  be  appointed  by  the  Legislature  of  each  State  respect- 


ively, by  whom  such  Forces  shall  be  raised,  or  in  such  Manner  as  such  State  shall  direct;  and 
'1  Vacancies  shall  be  filled  up  by  the  State  which  first  made  the  Appointment. 
ART.  Vill.    All  Charges  of  War,  and  all  other  Expenses  that  shall  be  incurred  for  the  com- 


mon Defence  .or  general  Welfare,  and  allowed  by  the  United  States  in  Congress  assembled, 
shall  be  defrayed  out  of  a  common  Treasury,  which  shall  be  supplied  by  the  several  States,  in 
Proportion  to  the  Value  of  all  Land  within  each  State,  granted  to  or  surveyed  for  any  Person,  as 
such  Land  and  the  Buildings  and  Improvements  thereon  shall  be  estimated,  according  to  such 
Mode  as  the  United  States  in  Congress  assembled  shall  from  Time  to  Time  direct  and  appoint. 

The  Taxes  for  paying  that  Proportion  shall  be  laid  and  levied  by  the  Authority  and  Direction 
of  the.  Legislatures  of  the  several  States,  within  the  Time  agreed  upon  by  the  United  States  in 
Congress  assembled. 

ART.  IX.  The  United  States  in  Congress  assembled  shall  have  the  sole  and  exclusive  Right 
and  Power  of  determining  on  Peace  and  War,  except  in  the  Cases  mentioned  in  the  sixth  Ar- 
ticle— of  sending  and  receiving  Ambassadors — entering  into  Treaties  and  Alliances,  provided 
that  no  Treaty  of  Commerce  shall  be  made,  whereby  the  Legislative  Power  of  the  respective 
Stales  shall  be  restrained  from  imposing  such  Imposts  and  Duties  on  Foreigners,  as  their  own 
People  are  subjected  to,  or  from  prohibiting  the  Exportation  or  Importation  of  any  Species  of 
Goods  or  Commodities  whatsoever — of  establishing  Rules  for  deciding,  in  all  Cases,  what  Cap- 
tures on  Land  or  Water  shall  be  legal,  and  in  what  Manner  Prizes  taken  by  land  or  naval 
Forces  in  the  Service  of  the  United  States  shall  be  divided  or  appropriated— of  granting  Letters 
of  Marque  and  Reprisal  in  Times  of  Peace— appointing  Courts  for  the  Trial  of  Piracies  and  Fel- 
onies committed  on  the  high  Seas — and  establishing  Courts  for  receiving  and  determining 
finally  Appeals  in  all  Cases  of  Captures,  provided  that  no  Member  of  Congress  shall  be  ap- 
pomled  a  Judge  of  any  of  the  said  Courts. 

The  United  States  in  Congress  assembled  shall  also  be  the  last  Resort  on  Appeal  in  all  Dis- 
putes and  Differences  now  sut>sisting,  or  that  hereafter  may  arise  between  two  or  more  States, 
concerning  Boundary,  Jurisdiction,  or  any  other  Cause  whatever ;  which  Authority  shall  always 
be  exercised  in  the  Manner  following.  Whenever  the  legislative  or  executive  Authority,  ot 
lawful  Agent  of  any  State  in  controversy  with  another,  shall  present  a  Petition  to  Congress, 
stating  the  Matter  in  Question,  and  praying  for  a  Hearing,  Notice  thereof  shall  be  given  by  Order 
of  Congress  to  the  legislative  or  executive  Authority  of  the  other  State  in  Controversy,  and  a 
Day  assigned  for  the  Appearance  of  the  Parties  by  their  lawful  Agents,  who  shall  then  be 
directed  to  appoint,  by  joint  Consent,  Commissioners  or  Judges  to  constitute  a  Court  for  hearing 
and  determining  the  Mailer  in  Question  ;  but  if  they  cannot  agree,  Congress  shall  name  three 
Persons  out  of  each  of  the  United  States,  and  from  the  List  of  such  Persons  each  Party  shall 
alternately  strike  out  one,  the  Petitioners  beginning,  until  the  Number  shall  be  reduced  to  thir- 
teen ;  and  from  that  Number  not  less  than  seven,  nor  more  than  nine  Names,  as  Congress  shall 
direct,  shall  in  the  Presence  of  Congress  be  drawn  out  by  Lot,  and  the  Persons  whose  Names 
shall  be  so  drawn,  or  any  five  of  them,  shall  be  Commissioners  or  Judges,  to  hear  and  finally 
determine  the  Controversy,  so  always  as  a  major  Part  of  the  Judges  who  shall  hear  the  Causa 
shall  agree  in  the  Determination  :  and  if  either  Party  shall  neglect  to  attend  at  the  Day  ap- 
pointed, without  showing  Reason;  which  Congress  shall  judge  sufficient,  or  bring  present  shall 
refuse  to  strike,  the  Congress  shall  proceed  to  nominate  three  Persons  out  of  each  State,  and 
the  Secretary  of  Congress  shall  strike  in  behalf  of  such  Party  absent  or  refusing  ;  and  the 
Judgment  and  Sentence  of  the  Court  to  be  appointed,  in  the  Manner  before  prescribed,  shall 
be  final  and  conclusive ;  and  if  any  of  the  Parties  shall  refuse  to  submit  to  the  Authority  of 
such  Court,  or  to  appear  or  defend  their  Claim  or  Cause,  the  Court  shall  nevertheless  proceed 
to  pronounce  Sentence,  or  judgment,  which  shall  in  like  Manner  be  final  und  decisive;  the 
Judgment  or  Sentence  and  other  Proceedings  being  in  either  Case  transmitted  to  Congress,  and 
lodged  among  the  Acts  of  Congress,  for  the  Security  of  the  Parties  concerned  :  provided  that 
•very  Commissioner,  before  he  sits  in  Judgment,  shall  take  an  Oath,  to  be  administered  by  one 


ARTICLES  OF  CONFEDERATION. 


24 


of  the  Judges  of  the  Supreme  or  Superior  Court  of  the  State,  where  the  Cause  shall  be  tried, 
"  well  and  truly  to  hear  and  determine  the  Matter  in  Question,  according  to  the  best  of  his  Judgment, 
"  without  Favour,  Affection,  or  Hope  of  Reward ;"  provided  also  that  no  State  shall  be  deprived 
of  Territory  for  the  benefit  of  the  United  States. 

All  Controversies  concerning  the  private  Right  of  Soil,  claimed  under  different  Grants  of  two 
or  more  States,  whose  Jurisdictions,  as  they  may  respect  such  Lands,  and  the  States  which 
passed  such  Grants,  are  adjusted,  the  said  Grants  or  either  of  them  being  at  the  same  Time 
claimed  to  have  originated  antecedent  to  such  Settlement  of  Jurisdiction,  shall,  on  the  Petition 
of  either  Party  to  the  Congress  of  the  United  States,  be  finally  determined  as  near  as  may  be 
in  the  same  Manner  as  is  before  prescribed  for  deciding  Disputes  respecting  territorial  Jurisdic- 
tion between  different  States. 

The  United  States  in  Congress  assembled  shall  also  have  the  sole  and  exclusive  Right  and 
Power  of  regulating  the  Alloy  and  Value  of  Coin  struck  by  their  own  Authority,  or  by  that  of 
the  respective  States — fixing  "the  Standard  of  Weights  and  Measures  throughout  the  United 
States — regulating  the  Trade  and  managing  all  Affairs  with  the  Indians,  not  Members  of  any  of 
the  States,  provided  that  the  legislative  Right  of  any  State  within  its  own  Limits  be  not  in- 
fringed or  violated — establishing  and  regulating  Post-Offices  from  one  State  to  another,  through- 
out all  the  United  States,  and  exacting  such  Postage  on  the  Papers  passing  through  the  same  as 
may  be  requisite  to  defray  the  Expenses  of  the  said  Office — appointing  all  Officers  of  the  land 
Forces,  in  the  Service  of  the  United  States,  excepting  regimental  Officers — appointing  all  the 
Officers  of  the  naval  Forces,  and  commissioning  all  Officers  whatever  in  the  Service  of  the 
United  States — making  Rules  for  the  Government  and  Regulation  of  the  said  land  and  naval 
Forces,  and  directing  their  Operations. 

The  United  Stales  in  Congress  assembled  shall  have  Authority  to  appoint  a  Committee,  to  sit 
in  the  Recess  of  Congress,  to  be  denominated  "  a  Committee  of  the  States,"  and  to  consist  of 
one  Delegate  from  each  State ;  and  to  appoint  such  other  Committees  and  civil  Officers  as  may 
be  necessary  for  managing  the  general  Affairs  of  the  United  States  under  their  Direction — to 
appoint  one  of  their  Number  to  preside,  provided  that  no  Person  be  allowed  to  serve  in  the 
Office  of  President  more  than  one  Year  in  any  term  of  three  Years;  to  ascertain  the  necessary 
Sums  of  Money  to  be  raised  for  the  Service  of  the  United  States,  and  to  appropriate  and  apply 
the  same  for  defraying  the  public  Expenses — to  borrow  Money,  or  emit  Bills  on  the  Credit  of 
the  United  States,  transmitting  every  half  Year  to  the  respective  States  an  Account  of  the  Sums 
of  Money  so  borrowed  or  emitted — to  build  and  equip  a  Navy — to  agree  upon  the  Number  of 
land  Forces,  and  to  make  Requisitions  from  each  State  for  its  Quota,  in  Proportion  to  the  Num- 
ber of  white  Inhabitants  in  such  State;  which  Requisitions  shall  be  binding,  and  thereupon 
the  Legislature  of  each  State  shall  appoint  the  regimental  Officers,  raise  the  Men,  and  clotlio, 
arm,  and  equip  them  in  :t  soldier-like  .Manner,  at  the  Expense  of  the  United  States ;  and  the 
Officers  and  Men  so  clothed,  armed,  and  equipped,  shall  march  to  the  Place  appointed,  and 
within  the  Time  agreed  on  by  the  United  States  in  Congress  assembled  :  but  if  the  United  States 
in  Congress  assembled  shall,  on  consideration  of  circumstances,  judge  proper  that  any  State 
should  not  raise  Men,  or  should  raise  a  smaller  Number  than  its  Quota,  and  that  any  other 
State  should  raise  a  greater  Number  of  Men  than  the  Quota  thereof,  such  extra  Number  shall 
he  raised,  officered,  clothed,  armed,  and  equipped  in  the  same  Manner  as  the  Quota  of  such 
State,  unless  the  Legislature  of  such  State  shall  j  udge  that  such  extra  Number  cannot  be  safely 
spared  out  of  the  Same,  in  which  Case  they  shall  raise,  officer,  clothe,  arm,  and  equip  as  many 
of  such  extraNumber  us  they  judge  can  be  safely  spared.  And  the  Officers  and  Men  so  clothed, 
armed,  and  equipped,  shall  march  to  the  Place  appointed,  and  within  the  Time  agreed  on  by 
the  United  States  in  Congress  assembled. 

The  United  States  in  Congress  assembled  shall  never  engage  in  a  War,  nor  grant  Letters  of 
Marque  and  Reprisal  in  Time  of  Peace,  nor  enter  into  Treaties  or  Alliances,  nor  coin  Money, 
nor  regulate  the  Value  thereof,  nor  ascertain  the  Sums  and  Expenses  necessary  for  the  Defence 
and  Welfare  of  the  United  States,  or  any  of  them,  nor  emit  Bdls,  nor  borrow  Money  on  the 
Credit  of  the  United  States,  nor  appropriate  Money,  nor  agree  upon  the  Number  of  Vessels  <if 
War,  to  be  built  or  purchased,  or  the  Number  of  land  or  sea  Forces  to  be  raised,  nor  appoint  a 
Commander  in  chief  of  the  Army  or  Navy,  unless  nine  States  assent  to  the  Same  :  nor  shall  a 
Question  on  any  other  Point,  except  for  adjourning  from  Day  t>  Day  be  determined,  unless  by 
the  Votes  of  a  Majority  of  the  United  States  in  Congress  assembled. 

The  Congress  of  the  United  States  shall  have  Power  to  Adjourn  to  any  Time  within  the  Year, 
and  to  any  Place  within  the  United  States,  so  that  no  Period  of  Adjournment  be  for  a  longer 
Duration  than  the  Space  of  six  Months ;  and  shall  publish  the  Journal  of  their  Proceedings 
monthly,  except  such  Parts  thereof  relating  to  Treaties,  Alliances,  or  Military  Operations,  as  in 
their  Judgment  require  Secrecy ;  and  the  Yeas  and  Nays  of  the  Delegates  of  each  State  on  any 
Question  shall  be  entered  on  the  Journal,  when  it  is  desired  by  any  Delegate  ;  and  the  Dele- 
gates of  a  State,  or  any  of  them,  at  his  or  their  Request,  shall  be  furnished  with  a  Transcript 
of  the  said  Journal,  except  such  Parts  as  are  above  excepted,  to  lay  before  the  Legislatures  of 
the  several  States. 

ART.  X.  The  Committee  of  the  States,  or  any  nine  of  them,  shall  be  authorized  to  execute, 
in  the  Recess  of  Congress,  such  of  the  Powers  of  Congress  as  the  United  States  in  Congress 
assembled,  by  the  Consent  of  nine  States,  shall  from  Time  to  Time  think  expedient  to  vest 
them  with;  provided  that  no  Power  be  delegated  to  the  said  Committee,  for  the  Exercise  of 
which,  by  the  Articles  of  Confederation,  the  Voice  of  nine  States  iu  the  Congress  of  the  United 
States  assembled  is  requisite. 

ART.  XL  Canada  acceding  to  this  Confederation,  and  joining  in  the  Measures  of  the  United 
States,  shall  be  admitted  into,  and  entitled  to  all  the  Advantages  of  this  Union ;  but  no  other 
Colony  shall  be  admitted  into  the  Same,  unless  such  Admission  be  agreed  to  by  nine  States. 

ART.  XIL  All  Bills  of  Credit  emitted,  Moneys  boi  rowed,  and  Debts  contracted  by,  or  under 
the  Authority  of  Congress,  before  the  Assembling  of  the  United  States,  in  pursuance  of  the  pre- 
sent Confederation,  shall  be  deemed  and  considered  as  a  Charge  against  the  United  States,  for 
Payment  and  Satisfaction  whereof,  the  said  United  States,  and  the  Public  Faith  are  hereby 
solemnly  pledged. 


ARTICLES  OF  CONFEDERATION.  25 


ART.  XIII.  Every  State  shall  nbkle  by  the  Determinations  of  the  United  States  in  Coneress 
assembled  on  all  Questions  which  by  this  Confederating  are  submitted  to  them.  And  the  Article! 
of  this  ConltderalHin  shall  tie  inviolably  observed  byTvery  State,  and  the  Uniou  shall  be  per- 
petual ;  nor  shall  any  Alteration  at  any  Time  hereafter  be  made  in  any  of  them,  unless  such 
Alteration  be  agreed  to  by  a  Congress  of  the  United  Slates,  and  be  afterwards  continued  by  the 
Legislatures  of  every  Stale. 

And  whereas  it  hath  pleased  the  great  Governor  of  the  World  to  incline  the  Hearts  of  the 
Legislatures  we  respectively  represent  in  Congress  to  approve  of  and  to  authorize  us  to  ratify 
the  said  Articles  of  Confederation  and  perpetual  Union ;  Know  YE,  that  we,  the  undersigned 
Delegates,  by  virtue  of  the  Power  and  Authonly  to  us  given  for  that  Purpose,  do  by  thesePre- 
sents,  in  the  Name  and  in  Behalf  of  our  respective  Constituents,  fully  and  entirely  ratify  and 
confirm  each  and  every  of  the  said  Articles  ot  Confederation  and  perpetual  Union,  and  all  and 
singular  the  Mutters  and  Things  therein  contained:  and  we  do  furttii-r  solemnly  plight  and 
engace  the  Faith  of  our  respective  Constituents,  that  they  shall  abide  by  the  Determinations  of 
the  United  States  in  Congress  assembled,  on  all  Questions,  which  by  the  said  Confederation  are 
submit  ted  to  them;  and  that  the  Articles  thereof  shall  be  inviolably  observed  by  the  States  we 
respectively  represent,  and  that  the  Union  shall  be  perpetual. 

In  witness  whereof,  we  have  hereunto  set  our  Hands  in  Congress.  Done  at  Philadelphia  in 
the  State  of  Pennsylvania  the  ninth  Day  of  July  in  the  Year  of  our  Lord  one  thousand  seven 
hundred  and  sevuiiiy-eigtit,  and  in  the  third  Year  of  the  Independence  of  America. 

On  the  Part  and  Behalf  of  the  State  of  New  Hampshire. 
JOSIAH  BARTLETT,  JOHN  WENTWORTH,  Jun.  August  8, 1778. 

On  the  Part  aud  Behalf  of  the  State  of  Massachusetts  Bay. 

JOHN  HANCOCK,  ELBRIDGE  GERRY,  JAMES  LOVELL, 

SAMUEL  ADAMS,  FRANCIS  DANA,  SAMUEL  HOLTEN. 

On  the  Part  and  Behalf  of  the  State  uf  Rhode  Island  and  Providence  Plantations. 
WILLIAM  ELLERY,  HENRY  MARCHANT,  JOHN  COLLINS. 

0/t  the  Part  and  B>  half  of  the  State  of  Connecticut. 

ROGER  SHERMAN,  OLIVER  WOLCOTT,  ANDREW  ADAMS. 

SAMUEL  HUNT1NGTON,  TITUS  HOSMER, 

On  the  Part  and  Behalf  of  the  Stale  of  New  York. 
JAS.  DUANE,  FRA.  LEWIS,  WM.  DUER,  GOOV.  MORRIS. 

On  the  Part  and  Behalf  of  the  State  of  New  Jersey. 
JNO.  WITHERSPOON,  Nov.  26,  1778.  NATH.  SCUDDEH  do. 

On  the  Part  and  Behalf  of  the  State  of  Pennsylvania. 
ROBT.  MORRIS,  JONA.  BAYARD  SMITH,  JOS.  REED,  22d  July,  1778. 

DANIEL  ROBERDEAU,   WILLIAM  CLINGAN. 

On  the  Part  and  Behalf  of  the  State  of  Delaware. 

THOS.  M'KEAN,  Feb.  13,  1779.  NICHOLAS  VAN  DYKE. 

JOHN  DICKINSON,  May  5th,  1779. 

On  the  Part  and  Behalf  of  the  State  of  Maryland. 
JOHN  HANSON,  March  1,  178L  DANIEL  CARROLL,  do. 

On  the  Part  and  Behalf  of  the  State  of  Virginia, 

RICHARD  HENRY  LEE,  THOMAS  ADAMS,  FRANCIS  LIGHTFOOT  LEE. 

JOHN  BANISTER,  JNO.  UARVIE, 

On  Out  Part  and  Behalf  of  the  State  of  North  Carolina. 
JOHN  PENN,  July  21st,  1778.        CORNS.  HARNETT,  JNO.  WILLIAMS. 

On  the  Part  and  Behalf  of  the  State  of  South  Carolina. 

HENRY  LAURENS  JNO.  MATHEWS,  THOMAS  HEYWARD,  Jun. 

WILLIAM  HENRY  DRAYTON,    RICHARD  HUTSON. 

On  the  Part  and  Behalf  of  the  State  of  Georgia. 
JNO.  WALTON,  21th  July,  1778.    EDWD.  TELFAIR.  EDW.  LANGWORTHY. 

[IV««.— From  the  eirrnnutuux  of  drlrrate*  from  the  name  iUte  haTlnf  limned  the  Article*  of  Confederation  at  different 
time*,  aa«api«ara  by  lae  Utrv,  it  i«  probable  they  affixed  their  uamea  aa  they  happened  to  be  prcaeut  in  Coof  reea,  arui 
they  had  been  aulaonlea  by  their  coajtitueau.) 


27 


EXTRACT  OF  A  LETTER  FROM  EX-GOVERNOR  W.  G.  D.  YTORTHTNGTON. 

I  HAVE  examined  "  BURLEIGH'S  LEGISLATIVE  GUIDE,"  and  find,  as  its 
name  implies,  that  it  is  indispensable  for  every  legislator  who  desires 
to  establish  a  uniform  system  of  rules  for  conducting  public  business 
throughout  the  United  States.  In  my  humble  judgment,  every  State 
Legislature  will  immediately  adopt  it  as  their  standard  as  soon  as  the 
merits  of  the  work  can  be  known. 

W.  G.  D.  WORTHINGTON. 


I  AM  convinced  that  the  "LEGISLATIVE  GUIDE"  will  prove  a  valuable 
text-book  for  collegiate  students,  and  will  use  it  as  such  at  St.  Timo- 
thy's Hall,  believing  that  every  young  American  ought  to  be  acquainted 
with  the  routine  of  order  appropriate  to  legislative  assemblies. 

L.  VAN  BOHKELEN,  Rector. 

St.  TIMOTHY'S  HALL,  Catonsville,  Md.,  Feb.  26,  1852. 


Ex.  of  Letter  from  Hon.  J.  C.  Legrand,  Ch.  Justice  Court  of  Appeals,  Md. 

BALTIMORE,  Feb.  9,  1852. 

THE  plan  of  the  Legislative  Guide  enables  the  student  or  legislator 
to  discover,  with  facility,  the  rule  and  reason  for  it,  in  each  particular 
instance,  and  must,  therefore,  be  of  great  value  to  legislatire  and  other 
deliberative  bodies.  JNO.  CARROLL  LEGRAND. 


At  a  meeting  of  the  School  Commissioners  of  Baltimore  held  Feb.  10, 
1852,  the  following  resolutions  were  UNANIMOUSLY  adopted :  Resolved, 
That  the  American  Manual ; — that  the  Thinker ; — that  the  Practical 
Spelling  Book  by  Joseph  Bartlett  Burleigh,  LL.  D.,  be  introduced  into 
the  Public  Schools  of  Baltimore. 

J.  W.  TILYARD,  Clerk  Com.  Pub.  Sch.  Balto. 


At  a  meeting  of  the  Controllers  of  Public  Schools,  First  District  of 
Pennsylvania,  held  at  the  Controllers'  Chamber,  on  Tuesday,  December 
10th,  1850,  the  following  resolution  was  adopted : — 

Resolved,  That  the  American  Manual,  by  Joseph  Bartlett  Burleigh, 
be  introduced  as  a  class-book  into  the  Grammar  Schools  of  this  District. 

ROBERT  J.  HEMPHILL,  See. 


PHILADELPHIA,  NOT.  13, 1851. 

At  a  meeting  of  the  Controllers  of  Public  Schools,  First  District  of 
Pennsylvania,  held  on  Tuesday,  Nov.  llth,  1851,  the  following  resolu- 
tion was  adopted : 

Resolved,  That  the  "Thinker,"  by  Joseph  Bartlett  Burleigh,  be  intro- 
duced as  a  class-book  into  the  Public  Schools  of  this  District. 

ROBERT  J.    HEMPHILL,  Sec. 

(26) 


INDEX   TO  THE  CITIZENS'    MANUAL. 


27 


INDEX  TO  THE  CITIZENS'  MANUAL. 

PAGE. 

Adjournment,  Fixing  the  time  of,         .         .        »        •         .         .  223 

•«                 "      ••  Place  of, 228 

Amendments,  Respecting,             254 

Appeals,  from  Decision  of  President,        .....  263 

Business,  Order  of,                262 

"        When  obstructed,  by  rule,        .        .        .        «        .  262 

Census,  of  United  States,              .......  282 

Commit,  Motion  to 242 

"      May  be  Amended, 264 

Committee,  Report  of,                .......  224 

Respecting  Chairman,        ......  245 

Majority  and  Minority  Report,       ....  246 

Duties  of,                    235 

Select,        •>.'• 287 

Standing,  .•"'%*    i        .        .        .        .238 

Whole  House, 240 

Directions  for  Debating  Societies,  Appendix,        ....  1 

Debate.  Mode  of, 257 

Elections,  Time  of  Holding  in  each  State,            ....  280 

"        Synopsis  of  Proceedings,          .....  275 

English  Legislation.  Synopsis  of,                    269 

Form  Preceding  a  Bill, 210 

Introduction  to  the  Manual, 199 

Laws,  Manner  of  Enacting, 213 

Legislatures,  Meeting  of  in  each  State, 880 

Librarian,  Duties  of, .235 

Messages,  Form  of,  &c,,                ..*....  209 

Meetings,  Called,  &c.                220 

Method,  Necessity  for,          ........  214 

Motions,  When  put,  &c., 264 

Naturalization  Laws,  Respecting, 273 

Organization,  Manner  of, 204 

Officer,  Presiding  Respecting,       ,.•....  206 

«'      Duties  of,              229 

Proceedings,  Manner  of  Called  Meetings, 227 

Postponement,  Indefinite  and  Certain,      .....  261 

Questions,  Precedence  of,             247 

"         Character  of, 266 

«          Previous, 252 

"          Division  of,               260 

"          Not  Debatable, 259 

Quorum,  Respecting,        ....*...  265 

Report  of  a  Committee,         ........  245 

Rhetorical  Arrangement,  Appendix,         •        .        .        •        .  2 

Reconsider,  Motion  to,                   .......  262 

Secretary,  Duties  of,                 .......  232 

Societies,  Directions  for,                •"..         .         .         .         .  202 

Societies,  Literary  Form  for, 216 

Treasurer,  Duties  of,                      234 

Yeas  and  Nays,         .........  22C  '• 


28 


RECOMMENDATIONS. 


I  have  examined  the  "American  Manual" 
with  much  interest,  and  it  gives  me  pleasure 
to  say  that  1  highly  approve  of  it.  A  text-book 
prepared  by  a  man  so  distinguished  for  scholar- 
ship, experience,  and  success  in  teaching,  as 
President  Burleigh,  cannot  fail  to  secure  uni- 
versal favour.  The  general  arrangement  of 
the  work  is  regular.  The  marginal  exer- 
cises and  questions  placed  at  the  foot  of  each 
page,  greatly  facilitate  the  labour  both  of  the 
teacher  and  scholar,  and  serve  to  interest  the 
mind  of  the  latter,  in  the  acquisition  of  know- 
ledge. The  statistical  tables  are  also  valuable, 
and  the  appendix  serves  as  a  key  to  the  whole 
work,  which  renders  it  complete.  It  is  a  book 
which,  in  my  opinion,  should  be  placed  in  the 
hands  of  every  American  citizen. 

ROBERT  KERR, 

Principal  of  West.  Female  High-School,  Bait. 


I  have  examined  with  care  the 
"American  Manual."  The  chasteness  of 
thought,  and  simplicity  of  style,  in  the  articles 
accompanying  the  Constitution,  highly  recom- 
mend its  use  as  a  school-book. 

The  marginal  exercises  are  a  new  and  im- 
portant feature,  which,  I  am  convinced,  will 
aid  the  teacher  very  much  in  his  arduous  la- 
bours, by  exciting  the  pupils  to  investigate  and 
reflect.  This  arrangement  will  also  enable 
them,  by  easy  and  gradual  steps,  to  obtain  a 
great  command  of  language. 

1  hope,  therefore,  it  may  receive  a  circula- 
tion commensurate  to  its  merits. 

D.  A.  HOLUNGSHEAD, 
^Instructor  of  History  and  Belles- Lettres  in  the 
Western  Female  High  School,  Bait. 

I  fully  concur  in  the  foregoing  recommenda- 
tion. 

JAMES  HARSHAW, 
Prin.  Pub.  Sck.  No.  9. 


Gentlemen:  —  I  have  examined  President 
Burleigh's  "Commentary  on  the  Constitution 
of  the  United  States."  1  consider  it  the  best 
work  of  the  kind  extant ;  and  it  is,  beyond  a 
doubt,  admirably  adapted  to  the  use  of  schools. 
The  style  is  neat,  perspicuous  and  elegant; 
and  the  marginal  exercises  will  be  found  to 
confer  a  benefit  similar  to  that  derived  from 
the  study  of  the  ancient  languages.  I  shall 
introduce  the  book  into  my  school  early  in 
September  next. 

D.  JONES, 

Prin.  Classical  Academy,  Eutaw  Street,  Bait. 


Gentlemen:  — I  have,  with  great  pleasure, 
examined  the  "American  Manual."  and  am 
prepared  to  say  that  it  is  every  thing  it  purports 
to  be.  The  design  and  execution  are  both  ad- 
mirable. If  it  be  desirable  that  our  civil  du- 
ties and  relations  should  form  a  subject  of 
study  in  elementary  schools,  (and  that  they 
should,  I  presume,  no  one  will  pretend  to 


doubt,)  President  Burleigh  has  unquestionably 
accomplished  a  most  laudable  work.  His 
questions  are  well  adapted  to  the  subject 
matter,  and  will  have  the  effect  of  drawing 
the  mind  of  the  youngest  learner  to  it;  while 
his  marginal  exercises  cannot  fail  to  achieve 
that  which  every  teacher  feels  to  be  a  desidera- 
tum, to  wit,  the  means  of  compelling  pupils  to 
attend  to  the  import  of  words.  As  the  best 
proof  of  my  entire  i  probation  of  the  work,  I 
shall  take  the  first  opportunity  to  organize  a 
class  with  that  as  a  text-book. 

M.  SPENCER, 
Principal  of  the  Mat/land  Institute. 

I  cordially  concur  in  the  above  recommenda- 
tion. 

BENJAMIN  G.  FRY, 
Prmcipal  of  Union  Female  Seminary,  No.  30 
Hanover  Street,  Baltimore. 


1  have  critically  examined  the  American 
Manual.  Having  taken  much  pains  in  ascer- 
taining the  true  tenor  of  the  republican  insti- 
tutions of  my  adopted  country,  I  had  previously 
read  the  leading  authors  on  government  with 
much  satisfaction,  but  1  have  not  met  with  nay 
work  in  any  language,  that  so  clearly,  so  con- 
cisely, and  so  beautifully  conveys  to  the  mind, 
the  principles  of  political  science.  The  mar- 
ginal exercises  afford  much  and  valuable  as- 
sistance to  the  foreigner  in  acquiring  a  know- 
ledge of  the  English  language.  The  exercises 
also  afford  to  the  mental  powers  a  similar  dis- 
cipline that  is  obtained  in  studying  the  ancient 
classics.  The  questions  are  so  remarkably 
well  adapted  to  the  subject,  that,  while  they 
assist  the  teacher,  they  also  lead  the  pupils  to 
reason  and  reflect  for  themselves. 

1  hope  the  Manual  will  be  not  only  univers- 
ally used  in  America,  but  also  in  Europe. 
A.  FREITAG,  L.L.  D. 

Professor  of  Modern  Languages  in  the  Cen- 
tral High  School,  and  of  German  in  St. 
Mary's  College. 


I  have  carefully  examined  the  American 
Manual.  The  general  plan  in  putting  questions 
to  make  the  pupils  see  the  cause  and  result,  is 
the  same  that  1  myself  have  pursued  for  many 
years  past,  and  I  need  hardly  say  that  the 
work  meets  my  most  unqualified  approval. 

The  conciseness  and  beauty  of  the  style,  the 
unequalled  excellence  of  the  marginal  exer- 
cises in  drawing  out  the  mind,  and  thoroughly 
disciplining  the  mental  powers,  and  training 
the  pupils  to  reason  with  accuracy  and  preci- 
sion, renders  it,  in  my  opinion,  the  best  school- 
book  extant. 

1  shall  introduce  the  work  into  the  Seminary 
over  which  1  preside  at  the  commencement  of 
the  next  session. 

D.  R.  ASHTON, 
Fifth  below  Arch  St. 

Philadelphia,  July  5th,  184& 
I  have  examined  the  American  Manual,  and 
heartily  concur  with  Professor  Ashton  in  re- 
gard to  its  merits,  and  shall  also  introduce  it 


RECOMMENDATIONS. 


29 


into  the  French  Seminary  for  Young  Ladies, 
over  which  I  preside. 

C.  P1COT, 
No.  15  Washington  Square 


After  a  very  careful  examination  of  the 
American  Manual,  by  J.  B.  Burleigh,  I  can 
freely  .•>;:>•  that  I  consider  it  a  performance  of 
superior  excellence.  It  embodies  a  fund  of  in- 
formation, surpassing  in  importance  and  va- 
riety that  of  any  other  work  which  has  come 
under  my  notice.  It  is  happily  adapted  to  the 
wants  of  children  in  famines,  pupils  in  com- 
mon schools,  and  students  in  higher  semina- 
ries ;  it  is  also  equally  well  calculated  to  afford 
entertainment  and  instruction  to  adults  in 
every  sphere  of  life. 

JOHN  ALLEN, 

Principal  of  the  Female  Seminary,  No.  274 
North  Seventh  Street. 


Extract  of  a  Tetter  from  Professor  Brooks. 

The  comprehensive  view  of  politics  in  gene- 
ral, winch  the  American  Manual  presents,  its 
excellent  commentary  on  the  Constitution  of 
our  Republic,  and  the  dear  exposition  of  the 
duties  of  magistrates  and  citizens,  the  sound 
morals  which  it  inculcates,  with  its  questions, 
marginal  exercises,  itc.,  entitle  it  to  high  con- 
sideration. 1  take  great  pleasure  in  commend- 
ing it  to  the  public,  and  especially  to  those 
engaged  m  the  education  of  youth. 

N.  C.  BROOKS, 
Principal  of  the  Bait.  Central  High  School. 

We  heartily  concur  with  Professor  Brooks  in 
the  above  recommendation. 

JAMES  M'INTIRE, 
Profrssor  of  Mathematics. 

EDWARD  DUFFY. 
Professor  of  Belies  Lettres. 


We  have  examined  the  American  Manual 
with  a  great  deal  of  pleasure,  and  as  a  text- 
book for  school  purposes  it  is  unquestionably 
one  of  great  merit.  We  think  that  Mr.  Bur- 
leiu'U  has  placed  the  profession  under  deep 
obligation.  The  arrangement  of  the  book  is 
such  as  greatly  to  facilitate  the  labour  of  in- 
struction, and  no  candid  mind  can  look  over 
its  pages  without  coming  to  the  conclusion, 
that  the  work  is  the  best  of  any  yet  published 
to  promote  among  pupils  generally  an  exact 
and  thorough  knowledge  of  the  principles  of 
Republican  government. 

WM.  R.  CREERY. 
Prin.  Male  Pub.  School,  No.  6. 
TIMOTHY  CR1MMIN, 
Teacher  of  Mathematics. 

M.  CONNOLLY, 
Prin.  Male  J'ublic  Srhnol,  No.  L 

M.  MTONKY, 
Pnn.  Female  Public  School,  No.  1. 

E.  ADAMS.        -, 
Prin.  Female  Pub  School,  No.  (T 

R.  CONNOLLY, 
Prin.  Male  Pub.  School,  No.  3. 

Baltimore,  June  14th,  1848. 
Having  examined  the  American  Manual  by 

J.  B.  Burleigh,  I  think  it  a  work  superior 

to  any  1  have  met  with  upon  the  same  subject, 
admirably  adapted  to  the  purpose  for  which  it 


<s  intended,  and  I  shall  introduce  it  as  a  text- 
book into  my  school. 

EDMUND  SMITH. 
Principal  of  Franklin  H"ll 

Extract  from  the  Literary  Pioneer  of  May,  1848. 
Every  child  should  be  possessed  of  the  in- 
formation the  American  Manual  imparts,  to  be 
enabled  to  exercise  untterstnndinply,  at  a  proper 
'.ime,  its  privileges  as  a  citizen  of  the  United 
Slates. 


Extract  from  the  Frankford  Herald 

We  have  no  hesitation  in  asserting  our 
opinion  that  the  Manual  fills  a  vacancy  which 
has  long  been  observed  in  the  text-books  of 
our  schools  and  the  popular  literature  of  our 
country.  Every  teacher  will,  we  thirk,  find 
this  book  just  what  he  wanted  to  assist  him  in 
preparing  Ins  pupils  to  assume  the  duties  and 
responsibilities  of  citizenship.  As  a  book  of 
reference  and  authority  this  work  will  be 
found  worthy  of  a  place  in  every  library. 
While  the  questions,  definitions,  and  other 
marginal  exercises,  together  with  the  statisti- 
cal tables  and  appendix,  will  render  the  Ameri- 
can Manual  a  book  of  incalculable  value  in 
disciplining  the  young  mind,  and  in  developing 
and  strengthening  the  moral  and  intellectual 
faculties  A  lawyer  by  education,  and  a  teacher 
from  choice,  Mr.  Burleigh  possesses  at  the 
same  time  a  consciousness  of  what  was  needed, 
and  the  ability  to  supply  it. 

Extract  from  the  North  American  and  United 

States  Gazette. 

We  have  before  us  one  of  the  latest  produc- 
tions of  a  mind  devoted  to  the  instruction  of 
youth;  it  is  entitled  Hie  American  Manual, 
and  contains  a  great  amount  of  valuable  every- 
day political  information.  The  author  has,  m 
our  opinion,  prepared  a  work  which  will  be 
found  of  great  value  in  the  school,  and  on  a 
plan  which  must  give  importance  and  utility 
to  any  reading  book  intended  for  scholars. 

Extract  of  a  Letter  from  Professor  S.  C. 

Atkinson  of  Baltimore. 

The  marginal  exercises  are  ingenious,  and 
useful  to  the  pupil,  promoting  not  only  copious- 
ness and  variety  of  expression,  but  also  a  mi- 
nute examination  of  the  critical  meaning  and 
derivation  of  words.  The  questions  are  of 
great  value,  by  promoting  attent vfi  and  re- 
search. They  also  aid  the  teacher  >•  the  right 
mode,  by  connecting  each  reading  exercise 
with  reflection  and  investigation.  The  work 
is  exceedingly  valuable  as  a  school  book,  and 
scarcely  less  so  as  a  convenient,  well-arranged, 
family  reference  book.  So  far  as  my  observa- 
tion extends  no  school  book  is  so  well  calcu- 
lated to  enlarge  and  ennoble  the  mind  of  youth 
as  the  American  Manual. 


Extract  of  a  Litter  from  Professor  Gilbert 
Coombs,  Philadelphia. 

The  examination  of  the  American  Manual 
has  been  decidedly  a  work  of  pleasure.  If  for 
no  other  cause,  the  youth  of  our  day  have 
reason  to  hold  the  author's  name  in  high 
esteem,  for  the  f.:»paration  of  this  invaluable 
work. 


30 


RECOMMENDATIONS. 


Extract  of  a  Letter  from  Thos.  W.  Dttffield,  Esq., 
one  of  the  School  Directors,  oj  Frankjvrd,  Pa. 

The  Manual  is  an  invaluable  work,  admira- 
bly adapted  to  the  purposes  designed,  and  one 
that  cannot  fail  to  "incite  an  interest  in  the 
philosophy  of  our  language." 

It  needs  but  a  perusal  to  a  due  appreciation 
of  its  merits.  The  policy  of  the  Government 
can  never  descend  to  a  medium  standard  if  our 
youth  have  placed  in  their  hands  for  study  the 
American  Manual. 

Extract  of  a  Letter  from  Professor  J.  L.  Van 

Doren  of  Philadelphia. 

It  would  give  me  ereat  pleasure  to  see  the 
Manual  introduced  into  all  the  common  schools 
arid  academies  in  our  land. 

Extract  from  the  Gazette  of  the  Union. 
This  Manual  of  Mr.  Burleigh's  is,  in  our 
opinion,  the  most  valuable  school  book  that 
has  issued  from  the  prolific  American  press  in 
many  years  The  history  of  the  origin  of  po- 
litical power,  which  Mr.  Burleigh  has  so  briefly 
and  comprehensively  presented,  cannot  fail  m 
exercising;  a  most  salutary  influence  upon  the 
minds  of  the  young,  in  rendering  more  perfect 
and  thorough  their  conceptions  of  the  philoso- 
phy of  Government.  The  valuable  statistical 
tables  given  in  the  appendix,  which  the  author 
must  have  been  at  very  great  care  and  trouble 
to  collect,  will  be  not  only  useful  to  the  young, 
but  must,  we  think,  render  the  work  of  the 
greatest  value  to  business  men,  and  to  all  who 
would  have  information  on  nearly  everything 
which  pertains  to  Government,  Commerce, 
Mechanics,  Science,  the  Arts,  Exports,  His- 
tory, and  every  species  of  statistical  knowledge. 
As  a  school  book,  the  value  of  the  Manual  is 
much  increased  by  the  fact  that  numerous 
questions  are  given  in  an  unique  marginal  ar- 
rangement, by  which  the  skill  of  the  pupils  is 
much  exercised  in  mentally  tracing  the  analogy 
of  synonymy,  thus  rendering  perfect  their 
knowledge  of  the  language. 

Extract  from  the  Baltimore  Sun. 
The  American  Manual  cannot  fail  to  com- 
mand general  favour,  and  will  be  a  very  useful 
acquisition  to  "schools,  academies,  and   the 
public." 

Extract  from  the  Church  Times. 
The  American  Manual  must  become   very 
popular,  and    furnish    perhaps    a   model   fur 
school  books  upon  other  subjects. 


Extract  from  the  Baltimore  Patriot. 
For  the  training  of  youth,  the  American 
Manual  is  one  of  the  best  books  we  have  ever 
met  with.  The  effect  of  its  use  is  to  send  forth 
the  American  citizen  well  instructed  in  the 
doctrines  and  duties  that  appertain  to  his  high 
character,  and  prepared  for  the  performance 
of  the  obligations  required  of  him  by  the  go- 
vernmen*.  of  his  country.  For  the  accomplish- 
ment of  this  important  object,  the  Manual  is 
well  adapted ;  setting  forth,  as  it  does,  the 
science  of  government,  and  particularly  the 
features  of  the  American  government,  in  plain 
and  faniiliar  terms.  The  effect  of  its  extensive 
use  must  be  to  elevate  our  national  character, 


by  preparing  the  American  boy  to  act  the  part 
of  a  sovereign  citizen,  either  in  the  place  of 
authority  as  an  officer,  or  as  a  private  indivi- 
dual; and  the  American  girl  for  enunciation  at 
the  fireside  of  the  principles  of  true  patriotism 
and  virtue. 


Extract  of  a  Letter  from  Prof.  Jos.  H.  Clark, 
Baltimore.  , 

The  Manual  offers  to  the  young  tyro  in  its 
marginal  exercises  every  desirable  facility  to- 
wards understanding  the  subject-matter  well. 


Extract  from  the  Lutheran  Observer. 

We  have  met  with  nothing  in  the  Manual 
that  should  give  offence  either  to  the  "iberal 
Christian  or  the  enlightened  politician;  but 
with  much,  very  much,  which  both  must 
heartily  commend.  The  principles  inculcated 
are  sound,  and  tend  to  the  improvement  of 
the  heart  as  well  as  the  enlightenment  of  the 
mind. 

It  advocates  the  rights  and  privileges  of  the 
people,  sets  forth,  in  strong  and  vivid  colours, 
their  duties,  and  throughout  exhibits  and  illus- 
trates the  paramount  necessity  of  popular 
education,  and  of  the  universal  diffusion  of 
light  and  knowledge. 


Extract  of  a  Letter  from  Harlow  W.  Heath,  L. 

L.  D.,  for  many  years  Secretary  of  the  Board 

of  School  Commissioners  of  Nelson  County, 

Virginia. 

The  author  has,  in  my  opinion,  prepared  a 
work  which  should  be  introduced  into  all  our 
schools  and  seminaries  of  learning,  and  placed 
in  the  hands  of  every  citizen;  the  comprehen- 
sive view  of  politics  which  the  American 
Manual  presents,  its  excellent  commentary  on 
the  Constitution,  the  clear  exposition  of  the 
duties  of  magistrates  and  voters,  the  high 
tone  of  moral  sentiment  which  it  contains, 
with  the  excellent  arrangement  and  plan  of 
the  work,  admirably  fits  it  to  meet  the  wants 
of  all  in  appreciating  and  understanding  the 
real  nature  of  the  bond  of  our  glorious  Re- 
public. 


Extract  of  a  Letter  from  Professor  Sieker. 
The  author  has  evidently  expended  much 
labour  and  research  upon  the  work.  The 
youth  of  our  country  cannot  fail  to  acquire 
through  it  a  complete  knowledge  of  the  form 
of  our  government;  the  true  cause  of  our 
power,  prosperity,  and  happiness  as  a  nation, 
and  which,  being  based  on  the  intelligence  of 
the  people,  they  cannot  too  well  understand. 
The  character,  nature,  and  history  of  our  go- 
vernment are  presented  in  a  clear  and  suc- 
cint  manner,  and  with  the  marginal  exercises 
J:i  most  excellent  feature  in  the  book),  and 
valuable  statistical  tables  in  the  appendix, 
which  alone  make  the  work  highly  useful  to 
every  business  man  in  the  Union.  The  Ame- 
rican Manual  altogether  is  just  such  a  work 
as  1  should  tike  to  see  in  the  hands  of  every 
teacher  and  scholar  in  our  male  and  female 
seminaries. 

EDWARD  A.  SIEKER, 
Principal  of  the  Eastern  Female  Public  High 
School,  of  Baltimore. 


FAREWELL   ADDRESS.* 


FRIENDS,  AND  FELLOW-CITIZENS  : 

THE  period  for  a  new  election  of  a  Citizen,  to  admi- 
nister the  Executive  Government  of  the  United  States, 
being  not  far  distant,  and  the  time  actually  arrived, 
when  your  thoughts  must  be  employed  in  designating 
the  person,  who  is  to  be  clothed  with  that  important 
trust  [*]*  it  appears  to  me  proper,  especially  as  it  may 
conduce  to  a  more  distinct  expression  of  the  public 
voice,  that  I  should  now  apprise  you  of  the  resolution 
I  have  formed,  to  decline  being  considered  among  the 
number  of  those,  out  of  whom  a  choice  is  to  be  made. 

I  beg  you,  at  the  same  time,  to  do  me  the  justice  to 
be  assured,  that  this  resolution  has  not  been  taken, 
without  a  strict  regard  to  all  the  considerations  apper- 
taining to  the  relation,  which  binds  a  dutiful  citizen  to 
his  country — and  that,  in  withdrawing  the  tender  of 
service  which  silence  in  my  situation  might  imply,  I 
am  influenced  by  no  diminution  of  zeal  for  your  future 
interest,  no  deficiency  of  grateful  respect  for  your  past 
kindness ;  but  [am  supported  by] 2  a  full  conviction  that 
the  step  is  compatible  with  both. 

*  Figures  and  brackets  do  not  appear  in  the  original,  but  are  here  used  to 
show  where  emendations  were  made  by  WASHINGTON  ;  which  prove  his  great 
care  and  prudence  in  preparing  the  address,  as  well  as  his  exceeding  anxiety 
to  transmit  in  unsullied  purity  THE  CONSTITUTION,  and  ITS  REPUBLICAN  FORM 
OF  GOVERNMENT.  JQ^°  See  page  29.  A  figure,  inside  of  the  bracket,  thus  [1], 
denotes  erasure ;  but  a  word  or  words  inside  of  the  bracket  denote  that  some 
other  word  or  words  were  substituted  by  WASHINGTON  instead  of  those  which 
he  had  previously  written. 

~T*  (S>~ 


A  LITERAL   COPY  OP   THE   ORIGINAL 


The  acceptance  of,  and  continuance  hitherto  in,  the 
office  to  which  your  suffrages  have  twice  called  me, 
have  been  a  uniform  sacrifice  of  inclination  to  the  opi- 
nion of  duty,  and  to  a  deference  for  what  appeared  to 
be  your  desire. — I  constantly  hoped,  that  it  would  have 
been  much  earlier  in  my  power,  consistently  with  mo- 
tives, which  I  was  not  at  liberty  to  disregard,  to  return 
to  that  retirement,  from  which  I  had  been  reluctantly 

drawn. The  strength  of  my  inclination  to  do  this, 

previous  to  the  last  election,  had  even  led  to  the  pre- 
paration of  an  address  to  declare  it  to  you ;  but  mature 
reflection  on  the  then  perplexed  and  critical  posture 
of  our  affairs  with  foreign  Nations,  and  the  unanimous 
advice  of  persons  entitled  to  my  confidence,  impelled 
me  to  abandon  the  idea. 

I  rejoice  that  the  state  of  your  concerns,  external  as 
well  as  internal,  no  longer  renders  the  pursuit  of  incli- 
nation incompatible  with  the  sentiment  of  duty,  or 
propriety;  and  [am  persuaded]3  whatever  partiality 
[may  be  retained]4  for  my  services,  [that]5  in  the  pre- 
sent circumstances  of  our  country  [you]6  will  not  dis- 
approve my  determination  to  retire. 

The  impressions,  [with]7  wrhich,  I  first  [undertook]8 
the  arduous  trust,  were  explained  on  the  proper  occa- 
sion.— In  the  discharge  of  this  trust,  I  will  only  say, 
that  I  have,  with  good  intentions,  contributed  [towards]9 
the  organization  and  administration  of  the  government, 
the  best  exertions  of  which  a  very  fallible  judgment 
wras  capable — Not  unconscious,  in  the  outset,  of  the 
inferiority  of  my  qualifications,  experience  in  my  own 
eyes,  [perhaps]9* still  more  in  the  eyes  of  others,  has 
[strengthened]10  the  motives  to  diffidence  of  myself; 
and  every  day  the  increasing  weight  of  years  admo- 


FAREWELL   ADDRESS   OP   WASHINGTON. 


nishes  me  more  and  more,  that  the  shade  of  retirement 
is  as  necessary  to  me  as  it  will  be  welcome. — Satisfied 
that  if  any  circumstances  have  given  peculiar  value  to 
my  services,  they  were  temporary,  I  have  the  consola- 
tion to  believe,  that  while  choice  and  prudence  invite 
me  to  quit  the  political  scene,  patriotism  does  not  for- 
bid it.  ["] 

In  looking  forward  to  the  moment,  which  is  [in- 
tended]11* to  terminate  the  career  of  my  public  life,  my 
feelings  do  not  permit  me  to  suspend  the  deep  acknow- 
ledgment [of]12  that  debt  of  gratitude  which  I  owe  to 
my  beloved  country, — for  the  many  honors  it  has  con- 
ferred upon  me ;  still  more  for  the  stedfast  confidence 
with  which  it  has  supported  me ;  and  for  the  opportu- 
nities I  have  thence  enjoyed  of  manifesting  my  invio- 
lable attachment,  by  services  faithful  and  persevering, 
though  [in  usefulness  unequal]13  to  my  zeal. — If  bene- 
fits have  resulted  to  our  country  from  these  services, 
let  it  always  be  remembered  to  your  praise,  and  as  an 
instructive  example  in  our  annals,  that,  [I4]  under 
circumstances  in  which  the  Passions  agitated  in  every 
direction  were  liable  to  [mislead],15  amidst  appearances 
sometimes  dubious, — vicissitudes  of  fortune  often  dis- 
couraging,— in  situations  in  which  not  unfrequently 
want  of  success  has  countenanced  the  spirit  of  criticism 
[the  constancy  of  your  support]15*  was  the  essential  prop 
of  the  efforts  and  [a]16  guarantee  of  the  plans  by  which 
they  were  effected. — Profoundly  penetrated  with .  this 
idea,  I  shall  carry  it  with  me  to  the  grave,  as  a  strong 
incitement  to  unceasing  vows  [17]  that  Heaven  may 
continue  to  you  the  choicest  tokens  of  its  beneficence 
— that  your  union  and  brotherly  affection  may  be  per- 
petual— that  the  free  constitution,  which  is  the  work 


A    LITERAL   COPY   OF   THE    ORIGINAL 


of  your  hands,  may  be  sacredly  maintained — that  its 
administration  in  every  department  may  be  stamped 
with  wisdom  and  virtue — that,  in  fine,  the  happiness 
of  the  people  of  these  States,  under  the  auspices  of 
liberty,  may  be  made  complete,  by  so  careful  a  preser- 
vation and  so  prudent  a  use  of  this  blessing  as  will  ac- 
quire to  them  the  glory  [I8]  of  recommending  it  to  the 
applause,  the  affection,  and  adoption  of  every  nation 
which  is  yet  a  stranger  to  it. 

Here,  perhaps,  I  ought  to  stop. But  a  solicitude 

for  your  welfare,  which  cannot  end  but  with  my  life, 
and  the  apprehension  of  danger,  natural  to  that  solici- 
tude, [urge  me  on  an  occasion  like  the  present,  to  offer]19 
to  your  solemn  contemplation,  and  to  recommend  to 
your  frequent  review,  some  sentiments;  which  are  the 
result  of  much  reflection,  of  no  inconsiderable  observa- 
tion, [20]  and  which  appear  to  me  all  important  to  the 
permanency  of  your  felicity  as  a  People. — These  will 
be  offered  to  you  with  the  more  freedom  as  you  can 
only  see  in  them,  the  disinterested  warnings  of  a  part- 
ing friend,  who  can  [possibly]21  have  no  personal  mo- 
tive to  bias  his  counsels. [Nor  can  I  forget,  as  an 

encouragement  to  it  your  indulgent  reception  of  my 
sentiments  on  a  former  and  not  dissimilar  occasion.]2' 

Interwoven  as  is  the  love  of  liberty  with  every  liga- 
ment of  your  hearts,  no  recommendation  of  mine  is 
necessary  to  fortify  or  confirm  the  attachment. 

The  Unity  of  Government  which  constitutes  you 

one  people,  is  also  now  dear  to  you. It  is  justly 

so; — for  it  is  a  main  Pillar  in  the  Edifice  of  your  real 
independence;  [the  support]  of  your  tranquillity  at 
home;  your  peace  abroad;  of  your  safety;  [23]  of 
your  prosperity  [ 24  ]  ;  of  that  very  Liberty  which  you 


FAREWELL    ADDRESS    OP    WASHINGTON. 


so  highly  prize. — But  as  it  is  easy  to  foresee,  that  from 
[different]25  causes,  and  from  different  quarters,  much 
pains  will  be  taken,  many  artifices  employed,  to  weaken 
in  your  minds  the  conviction  of  this  truth; — as  this 
is  the  point  in  your  [political]26  fortress  against  which 
the  batteries  of  internal  and  external  enemies  will  be 
most  constantly  and  actively  (though  often  covertly 
and  insidiously)  directed,  it  is  of  infinite  moment,  that 
you  should  properly  estimate  the  immense  value  of 
your  national  Union  to  your  collective  and  individual 
happiness; — that  you  should  cherish  [27]  a  cordial, 
habitual,  and  immoveable  attachment  [to  it,  accustom- 
ing yourselves  to  think  and  speak  of  it  as  of  the  Pal- 
ladium of  your  political  safety  and  prosperity;  watch- 
ing for  its  preservation  with  jealous  anxiety ;  discoun- 
tenancing whatever  may  suggest  even  a  suspicion  that 
it  can  in  any  event  be  abandoned,  and  indignantly 
frowning  upon  the  first  dawning  of  every  attempt  to 
alienate  any  portion  of  our  Country  from  the  rest,  or 
to  enfeeble  the  sacred  ties  which  now  link  together  the 
various  parts.]-3 

For  this  you  have  every  inducement  of  sympathy 
and  interest. — Citizens  [by  birth  or  choice  of  a  com- 
mon country],29  that  country  has  a  right  to  concen- 
trate your  affections. — The  name  of  AMERICAN,  which 
belongs  to  you,  in  your  national  capacity,  must 
always  exalt  the  just  pride  of  Patriotism,  more  than 
any  appellation  [M]  derived  from  local  discrimina- 
tions. —  With  slight  shades  of  difference,  you  have 
the  same  Religion,  Manners,  Habits,  and  political 
Principles.  —  You  have  in  a  common  cause  fought 
and  triumphed  together.  —  The  Independence  and 
Liberty  you  possess  are  the  work  of  joint  councils, 


10  A   LITERAL   COPY   OF   THE   ORIGINAL 

and  joint  efforts — of  common  dangers,  sufferings  and 
successes. — 

But  these  considerations,  however  powerfully  they 
address  themselves  to  your  sensibility,  are  greatly  out- 
weighed by  those  which  apply  more  immediately  to 
your  Interest. — Here  every  portion  of  our  country  finds 
the  most  commanding  motives  for  carefully  guarding 
and  preserving  the  Union  of  the  whole. 

The  North  in  an  [unrestrained]31  intercourse  with 
the  /South,  protected  by  the  equal  Laws  of  a  common 
government,  finds  in  the  productions  of  the  latter  [^j 
great  additional  resources  of  maritime  and  commercial 
enterprise — and  precious  materials  of  manufacturing 
industry. — The  /South  in  the  same  intercourse,  benefit- 
ing by  the  agency  of  the  North,  sees  its  agriculture 
grow  and  its  commerce  expand.  Turning  partly  into 
its  own  channels  the  seamen  of  the  North,  it  finds  its 
particular  navigation  envigorated ; — and  while  it  con- 
tributes, in  different  ways,  to  nourish  and  increase  the 
general  mass  of  the  national  navigation,  it  looks  for- 
ward to  the  protection  of  a  maritime  strength  to  which 
itself  is  unequally  adapted. — The  East,  in  a  like  inter- 
course with  the  West,  already  finds,  and  in  the  pro- 
gressive improvement  of  interior  communications,  by 
land  and  water,  will  more  and  more  find,  a  valuable 
vent  for  the  commodities  which  it  brings  from  abroad, 
or  manufactures  at  home. — The  West  derives  from  the 
East  supplies  requisite  to  its  growth  and  comfort, — 
and  what  is  perhaps  of  still  greater  consequence,  it 
must  of  necessity  owe  the  secure  enjoyment  of  indis- 
pensable outlets  for  its  own  productions  to  the  weight, 
influence,  and  the  future  maritime  strength  of  the  At- 
lantic side  of  the  Union,  directed  by  an  indissoluble 


FAREWELL  ADDRESS   OF   WASHINGTON.  ll 

community  of  interest,  as  one  Nation. — [Any  other]33 
tenure  by  which  the  West  can  hold  this  essential  ad- 
vantage, [whether  derived]34  from  its  own  separate 
strength,  or  from  an  apostate  and  unnatural  connection 
with  any  foreign  Power,  must  be  intrinsically  preca- 
rious. [  **  ] 

[M]  While  [then]  every  part  of  our  Country  thus 
[feels]37  an  immediate  and  particular  interest  in  Union, 
all  the  parts38  [combined  cannot  fail  to  find]  in  the 
united  mass  of  means  and  efforts  [  M  ]  greater  strength, 
greater  resource,  proportionably  greater  security  from 
external  danger,  a  less  frequent  interruption  of  their 
Peace  by  foreign  Nations ;  and,  [what  is]40  of  inesti- 
mable value !  they  must  derive  from  Union  an  exemp- 
tion from  those  broils  and  wars  between  themselves, 
which  [so  frequently]41  afflict  neighbouring  countries, 
not  tied  together  by  the  same  government ;  which  their 
own  rivalships  alone  would  be  sufficient  to  produce ; 
but  which  opposite  foreign  alliances,  attachments  and 
intrigues  would  stimulate  and  embitter. — Hence  like- 
wise they  will  avoid  the  necessity  of  those  overgrown 
Military  establishments,  which  under  any  form  of  Go- 
vernment are  inauspicious  to  liberty,  and  which  [are 
to  be  regarded]42  as  particularly  hostile  to  Republican 
Liberty :  In  this  sense  it  is,  that  your  Union  ought  to 
be  considered  as  a  main  prop  of  your  liberty,  and  that 
the  love  of  the  one  ought  to  endear  to  you  the  preser- 
vation of  the  other. 

These  considerations  speak  a  persuasive  language  to 
[every]43  reflecting  and  virtuous  mind, — [and]44  exhi- 
bit the  continuance  of  the  UNION  as  a  primary  object 
op  Patriotic  desire. — Is  there  a  doubt,  whether  a  com- 
mon government  can  embrace  so  large  a  sphere  ? — Let 


12  A  LITERAL  COPY   OP  THE   ORIGINAL 

experience  solve  it. — To  listen  to  mere  speculation  in 
such  a  case  were  criminal. — [We  are  authorised]45  to 
hope  that  a  proper  organization  of  the  whole,  with  the 
auxiliary  agency  of  governments  for  the  respective  sub- 
divisions, will  afford  a  happy  issue  to  the  experiment. 
'Tis  well  worth  a  fair  and  full  experiment.  [4G]  "With 
such  powerful  and  obvious  motives  to  Union,  [affect- 
ing]47 all  parts  of  our  country  [48],  while  experience 
shall  not  have  demonstrated  its  impracticability,  there 
will  always  be  [reason]49  to  distrust  the  patriotism  of 
those,  who  in  any  quarter  may  endeavour  to  weaken 
its  bands.  [50] 

In  contemplating  the  causes  which  may  disturb  our 
Union,  it  occurs  as  matter  of  serious  concern,  that  [any 
ground  should  have  been  furnished  for  characterizing 
parties  by]51  Geographical  discriminations — Northern 
and  Southern — Atlantic  and  Western  ;  [whence  design- 
ing men  may  endeavour  to  excite  a  belief  that  there  is 
a  real  difference  of  local  interests  and  views.]52  One 
of  the  expedients  of  Party  to  acquire  influence,  within 
particular  districts,  is  to  misrepresent  the  opinions  and 
aims  of  other  districts. — You  cannot  shield  yourselves 
too  much  against  the  jealousies  and  heart  burnings 
which  spring  from  these  misrepresentations ; — They 
tend  to  render  alien  to  each  other  those  who  ought  to 
be  bound  together  by  fraternal  affection. — The  inhabit- 
ants of  our  Western  country  have  lately  had  a  useful 
lesson  on  this  [head].53 — They  have  seen,  in  the  nego- 
tiation by  the  Executive,  and  in  the  unanimous  ratifi- 
cation by  the  Senate,  of  the  Treaty  with  Spain,  and  in 
the  universal  satisfaction  of  that  event,  throughout  the 
United  States,  a  decisive  proof  how  unfounded  were 
the  suspicions  propagated  among  them  of  a  policy  in 


FAREWELL  ADDRESS   OF  WASHINGTON.  13 

the  General  Government  and  in  the  Atlantic  States 
unfriendly  to  their  interests  in  regard  to  the  MISSIS- 
SIPPI.— They  have  been  witnesses  to  the  formation  of 
two  Treaties,  that  with  G.  Britain,  and  that  with  Spain, 
which  secure  to  them  every  thing  they  could  desire,  in 
respect  to  our  Foreign  Relations,  towards  confirming 
their  prosperity. — Will  it  not  be  their  wisdom  to  rely 
for  the  preservation  of  these  advantages  on  the  UNION 
by  which  they  were  procured  ? — Will  they  not  hence- 
forth be  deaf  to  those  advisers,  if  such  there  are,  who 
would  sever  them  from  their  Brethren,  and  connect 
them  with  Aliens  ? — 

To  the  efficacy  and  permanency  of  your  Union,  a 
Government  for  the  whole  is  indispensable. — No  alli- 
ances however  strict  between  the  parts  can  be  an  ade- 
'  quate  substitute.  —  They  must  inevitably  experience 
the  infractions  and  interruptions  which  all  alliances  in 
all  times  have  experienced. — Sensible  of  this  moment- 
ous truth,  you  have  improved  upon  your  first  essay, 
by  the  adoption  of  a  Constitution  of  Government,  better 
calculated  than  your  former  for  an  intimate  Union, 
and  for  the  efficacious  management  of  your  common 
concerns. — This  government,  the  offspring  of  our  own 
choice  uninfluenced  and  unawed,  adopted  upon  full 
investigation  and  mature  deliberation,  completely  free 
in  its  principles,  in  the  distribution  of  its  powers,  unit- 
ing security  with  energy,  and  containing  within  itself 
a  provision  for  its  own  amendment,  has  a  just  claim 
to  your  confidence  and  your  support. — Respect  for  its 
authority,  compliance  with  its  Laws,  acquiescence  in 
its  measures,  are  duties  enjoined  by  the  fundamental 
maxims  of  true  Liberty. — The  basis  of  our  political 
systems  is  the  right  of  the  people  to  make  and  to  alter 


14  A  LITERAL   COPY   OP   THE   ORIGINAL 


their  Constitutions  of  Government. — But  the  Constitu- 
tion which  at  any  time  exists,  'till  changed  by  an  ex- 
plicit and  authentic  act  of  the  whole  People,  is  sacredly 
obligatory  upon  all. — The  very  idea  of  the  power  and 
the  right  of  the  People  to  establish  Government,  pre- 
supposes the  duty  of  every  individual  to  obey  the  esta- 
blished Government. 

All  obstructions  to  the  execution  of  the  Laws,  all 
combinations  and  associations,  under  whatever  plausi- 
ble character,  with  [the  real]54  design  to  direct,  con- 
troul,  counteract,  or  awe  the  regular  deliberation  and 
action  of  the  constituted  authorities,  are  destructive  of 
this  fundamental  principle  and  of  fatal  tendency. — 
They  serve  to  organize  faction,  to  give  it  an  artificial 
and  extraordinary  force — to  put,  [55]  in  the  place  of 
the  delegated  will  of  the  Nation,  the  will  of  a  party ; — 
often  a  small  but  artful  and  enterprizing  minority  of 
the  community ; — and,  according  to  the  alternate  tri- 
umphs of  different  parties,  to  make  the  public  admi- 
nistration the  mirror  of  the  ill-concerted  and  incongru- 
ous projects  of  faction,  rather  than  the  organ  of  con- 
sistent and  wholesome  plans  digested  by  common 
councils  and  modified  by  mutual  interests. — However 
combinations  or  associations  of  the  above  description 
may  now  and  then  answer  popular  ends,  [56]  they  are 
likely,  in  the  course  of  time  and  things,  to  become 
potent  engines,  by  which  cunning,  ambitious  and  un- 
principled men  will  be  enabled  to  subvert  the  Power 
of  the  People  and  to  usurp  for  themselves  the  reins  of 
Government ;  destroying  afterwards  the  very  engines 
which  have  lifted  them  to  unjust  dominion. — 

Towards  the  preservation  of  your  Government  and 
the  permanency  of  your  present  happy  state,  it  is  re- 


FAREWELL  ADDRESS   OP   WASHINGTON.  15 

quisite,  not  only  that  you  steadily  discountenance  irre- 
gular oppositions  to  its  acknowledged  authority,  but 
also  that  you  resist  with  care  [the]57  spirit  of  innova- 
tion upon  its  principles  however  specious  the  pretexts. 
— One  method  of  assault  may  be  to  effect,  in  the  forms 
of  the  Constitution,  alterations  which  will  impair  the 
energy  of  the  system,  [and  thus  to]58  undermine  what 
cannot  be  directly  overthrown. — In  all  the  changes  to 
which  you  may  be  invited,  remember  that  time  and 
habit  are  at  least  as  necessary  to  fix  the  true  character 
of  Governments,  as  of  other  human  institutions — that 
experience  is  the  surest  standard,  by  which  to  test  the 
real  tendency  of  the  existing  Constitution  of  a  Country 
— that  facility  in  changes  upon  the  credit  of  mere  hy- 
pothesis and  opinion  exposes  to  perpetual  change,  from 
the  endless  variety  of  hypothesis  and  opinion : — and 
remember,  especially,  that  for  the  efficient  management 
of  your  common  interests,  in  a  country  so  extensive 
as  ours,  a  Government  of  as  much  vigour  as  is  con- 
sistent with  the  perfect  security  of  Liberty  is  indis- 
pensable— Liberty  itself  will  find  in  such  a  Govern- 
ment, with  powers  properly  distributed  and  adjusted, 
its  surest  Guardian. — [It  is  indeed  little  else  than 
a  name,  where  the  Government  is  too  feeble  to 
withstand  the  enterprises  of  faction,  to  confine  each 
member  of  the  Society  within  the  limits  prescribed 
by  the  laws,  and  to  maintain  all  in  the  secure 
and  tranquil  enjoyment  of  the  rights  of  person  and 
property.]59 

I  have  already  intimated  to  you  the  danger  of  Parties 
in  the  State,  with  particular  reference  to  the  founding 
of  them  on  Geographical  discriminations. — Let  me  now 
take  a  more  comprehensive  view,  and  warn  you  in  the 


16  A  LITERAL  COPY   OP   THE   ORIGINAL 

most  solemn  manner  against  the  baneful  effects  of  the 
Spirit  of  Party,  generally. 

This  Spirit,  unfortunately,  is  inseparable  from  [our]60 
nature,  having  its  root  in  the  strongest  passions  of  the 
[human]60*mind.— It  exists  under  different  shapes  in  all 
Governments,  more  or  less  stifled,  controuled  or  re- 
pressed ;  but  in  those  of  the  popular  form  it  is  seen  in  its 
greatest  rankness,  and  is  truly  their  worst  enemy. — [61] 

The  alternate  domination  of  one  faction  over  an- 
other, sharpened  by  the  spirit  of  revenge  natural  to 
party  dissension,  which  in  different  ages  and  countries 
has  perpetrated  the  most  horrid  enormities,  is  itself  a 
frightful  despotism. — But  this  leads  at  length  to  a  more 
formal  and  permanent  despotism. — The  disorders  and 
miseries,  which  result,  gradually  incline  the  minds  of 
men  to  seek  security  and  repose  in  the  absolute  power 
of  an  Individual :  and  sooner  or  later  the  chief  of  some 
prevailing  faction,  more  able  or  more  fortunate  than 
his  competitors,  turns  this  disposition  to  the  purposes 
of  his  own  elevation,  on  the  ruins  of  Public  Liberty. 

Without  looking  forward  to  an  extremity  of  this 
kind,  (which  nevertheless  ought  not  to  be  entirely  out 
of  sight),  the  common  and  continual  mischiefs  of  the 
spirit  of  Party  are  sufficient  to  make  it  the  interest 
and  -the  duty  of  a  wise  People  to  discourage  and  re- 
strain it. — 

It  serves  always  to  distract  the  Public  Councils  and 
enfeeble  the  Public  administration.  —  It  agitates  the 
community  with  ill  founded  jealousies  and  false  alarms, 
kindles  the  animosity  of  one  part  against  another,  fo- 
ments occasionally  riot  and  insurrection. — It  opens  the 
door  to  foreign  influence  and  corruption,  which  find  a 
facilitated  access  [to  the  Government  itself  through 


FAREWELL  ADDRESS   OP  WASHINGTON.  17 

the  channels  of  party  passions.  Thus,  the  policy  and 
the  will  of  one  country,  are  subjected  to  the  policy  and 
will  of  another.]62 

There  is  an  opinion  that  parties  in  free  countries 
are  useful  checks  upon  the  Administration  of  the  Go- 
vernment, and  serve  to  keep  alive  the  Spirit  of  Liberty. 
— This  within  certain  limits  is  probably  true — and  in 
Governments  of  a  Monarchical  cast,  Patriotism  may 
look  with  indulgence,  if  not  with  favour,  upon  the  spirit 
of  party. — But  in  those  of  the  popular  character,  in 
Governments  purely  elective,  it  is  a  spirit  not  to  be 
encouraged. — From  their  natural  tendency,  it  is  certain 
there  will  always  be  enough  of  that  spirit  for  every 
salutary  purpose, — and  there  being  constant  danger  of 
excess,  the  effort  ought  to  be,  by  force  of  public  opi- 
nion, to  mitigate  and  assuage  it. — A  fire  not  to  be 
quenched ;  it  demands  a  uniform  vigilance  to  prevent 
its  bursting  into  a  flame,  lest,  [instead  of  warming,  it 
should]63  consume. — 

It  is  important,  likewise,  that  the  habits  of  thinking 
in  a  free  country  should  inspire  caution  in  those  en- 
trusted with  its  administration,  to  confine  themselves 
within  their  respective  constitutional  spheres ;  avoiding 
in  the  exercise  of  the  powers  of  one  department  to  en- 
croach upon  another.  —  The  spirit  of  encroachment 
tends  to  consolidate  the  powers  of  all  the  departments 
in  one,  and  thus  to  create,  [ 64  ]  whatever  [the  form  of 
government,  a  real]65  despotism. — A  just  estimate  of 
that  love  of  power,  and*  [^  proneness  to  abuse  it, 
which  predominates  in  the  human  heart,  is  sufficient 
to  satisfy  us  of  the  truth  of  this  position. — The  neces- 
sity of  reciprocal  checks  in  the  exercise  of  political 
power,  by  dividing  and  distributing  it  into  different 


18  A  LITERAL  COPY  OF   THE   ORIGINAL 

depositories,  and  constituting  each  the  Guardian  of  the 
Public  Weal  [against]07  invasions  by  the  others,  has 
been  evinced  by  experiments  ancient  and  modern ; 
some  of  them  in  our  country  and  under  our  own  eyes. 
— To  preserve  them  must  be  as  necessary  as  to  insti- 
tute them. — If  in  the  opinion  of  the  People,  the  distri- 
bution or  modification  of  the  Constitutional  powers  be 
in  any  particular  wrong,  let  it  be  corrected  by  an 
amendment  in  the  way  which  the  Constitution  desig- 
nates.— But  let  there  be  no  change  by  usurpation ;  for 
though  this,  in  one  instance,  may  be  the  instrument 
of  good,  it  is  the  [customary]68  weapon  by  which  free 
governments  are  destroyed. — The  precedent  [69]  must 
always  greatly  overbalance  in  permanent  evil  any  par- 
tial or  [transient]70  benefit  which  the  use  [71]  can  at 
any  time  yield. — 

Of  all  the  dispositions  and  habits  which  lead  to  poli- 
tical prosperity,  Religion  and  morality  are  indispensa- 
ble supports. — In  vain  would  that  man  claim  the  tri- 
bute of  Patriotism,  who  should  labour  to  subvert  these 
great  Pillars  of  human  happiness,  these  firmest  props 
of  the  duties  of  Men  and  Citizens. — The  mere  Politi- 
cian, equally  with  the  pious  man,  ought  to  respect  and 
to  cherish  them. — A  volume  could  not  trace  all  their 
connections  with  private  and  public  felicity. — Let  it 
simply  be  asked  where  is  the  security  for  property,  for 
reputation,  for  life,  if  the  sense  of  religious  obligation 
desert  the  oaths,  which  are  the  instruments  of  investi- 
gation in  Courts  of  Justice  ?  And  let  us  with  caution 
indulge  the  supposition,  that  morality  can  be  main- 
tained without  religion. — Whatever  may  be  conceded 
to  the  influence  of  refined  education  on  minds  of  pecu- 
liar structure — reason  and  experience  both  forbid  us 


FAREWELL   ADDRESS   OP   WASHINGTON.  19 

to  expect  that  national  morality  can  prevail  in  exclu- 
sion of  religious  principle. — 

'Tis  substantially  true,  that  virtue  or  morality  is  a 
necessary  spring  of  popular  government.  —  The  rule 
indeed  extends  with  more  or  less  force  to  every  species 
of  Free  Government. — Who  that  is  a  sincere  friend  to 
it,  can  look  with  indifference  upon  attempts  to  shake 
the  foundation  of  the  fabric  ? — 

[Promote  then  as  an  object  of  primary  importance, 
institutions  for  the  general  diffusion  of  knowledge. — 
In  proportion  as  the  structure  of  a  government  gives 
force  to  public  opinion,  it  is  essential  that  public  opinion 
should  be  enlightened.] — ra 

As  a  very  important  source  of  strength  and  security, 
cherish  public  credit. — One  method  of  preserving  it  is 
to  use  it  as  [sparingly]73  as  possible : — avoiding  occa- 
sions of  expense  by  cultivating  peace,  but  remembering 
also  that  timely  disbursements  to  prepare  for  danger 
frequently  prevent  much  greater  disbursements  to  repel 
it — avoiding  likewise  the  accumulation  of  debt,  not 
only  by  [shunning]74  occasions  of  expense,  but  by  vi- 
gorous exertions  in  time  of  Peace  to  discharge  the  debts 
which  unavoidable  wars  may  have  occasioned,  not 
ungenerously  throwing  upon  posterity  the  burthen 
which  we  ourselves  ought  to  bear.  The  execution  of 
these  maxims  belongs  to  your  Representatives,  but  it 
is  necessary  that  public  opinion  should  [co-operate.]75 — 
To  facilitate  to  them  the  performance  of  their  duty,  it 
is  essential  that  you  should  practically  bear  in  mind, 
that  towards  the  payment  of  debts  there  must  be  Re- 
venue— that  to  have  Revenue  there  must  be  taxes — 
that  no  taxes  can  be  devised  which  are  not  more  or 
less  inconvenient  and  unpleasant — that  the  intrinsic 


20  A   LITERAL   COPY   OF    THE    ORIGINAL 

embarrassment  inseparable  from  the  selection  of  the 
proper  objects  (which  is  always  a  choice  of  difficulties) 
ought  to  be  a  decisive  motive  for  a  candid  construction 
of  the  conduct  of  the  Government  in  making  it,  and 
for  a  spirit  of  acquiescence  in  the  measures  for  obtain- 
ing Revenue  which  the  public  exigencies  may  at  any 
time  dictate. — 

Observe  good  faith  and  justice  towards  all  Nations,  f76] 
Cultivate  peace  and  harmony  with  all. — Religion  and 
morality  enjoin  this  conduct ;  and  can  it  be  that  good 
policy  does  not  equally  enjoin  it? — It  will  be  worthy 
of  a  free,  enlightened,  and,  at  no  distant  period,  a  great 
nation,  to  give  to  mankind  the  magnanimous  and  too 
novel  example  of  a  People  always  guided  by  an  exalted 
justice  and  benevolence. — Who  can  doubt  that  in  the 
course  of  time  and  things,  the  fruits  of  such  a  plan 
would  richly  repay  any  temporary  advantages  which 
might  be  lost  by  a  steady  adherence  to  it  ?  Can  it  be, 
that  Providence  has  not  connected  the  permanent  feli- 
city of  a  Nation  with  its  virtue  ?  The  experiment,  at 
least,  is  recommended  by  every  sentiment  which  enno- 
bles human  nature. — Alas !  is  it  rendered  impossible 
by  its  vices  ? 

In  the  execution  of  such  a  plan  nothing  is  more  es- 
sential than  that  [permanent,  inveterate]77  antipathies 
against  particular  nations  and  passionate  attachments 
for  others  should  be  excluded ;  and  that  in  place  of 
them  just  and  amicable  feelings  towards  all  should  be 
cultivated. — The  Nation,  which  indulges  towards  an- 
other [an]78  habitual  hatred  or  [an]79  habitual  fond- 
ness, is  in  some  degree  a  slave.  It  is  a  slave  to  its 
animosity  or  to  its  affection,  either  of  which  is  sufficient 
to  lead  it  astray  from  its  duty  and  its  interest. — Anti- 


FAREWELL   ADDRESS   OF   WASHINGTON.  21 

pathy  in  one  Nation  against  another  [80]  disposes  each 
more  readily  to  offer  insult  and  injury,  to  lay  hold  of 
slight  causes  of  umbrage,  and  to  be  haughty  and  in- 
tractable, when  accidental  or  trifling  occasions  of  dis- 
,  pute  occur. — Hence  frequent  collisions,  obstinate,  en- 
venomed and  bloody  contests. — The  Nation  prompted 
by  ill-will  and  resentment  sometimes  impels  to  War 
the  Government,  contrary  to  [the  best]*1  calculations 
of  policy.  The  Government  sometimes  participates  in 
the  [national]82  propensity,  and  adopts  through  passion 
what  reason  would  reject ; — at  other  times,  it  makes 
the  animosity  of  the  Nation  subservient  to  projects  of 
hostility  instigated  by  pride,  ambition,  and  other  sinis- 
ter and  pernicious  motives. — The  peace  often,  some- 
times perhaps  the  Liberty,  of  Nations  has  been  the 
victim. — 

So  likewise  a  passionate  attachment  of  one  Nation 
for  another  produces  a  variety  of  evils. — Sympathy  for 
the  favourite  nation,  facilitating  the  illusion  of  an  ima- 
ginary common  interest  in  cases  where  no  real  common 
interest  exists,  and  infusing  into  one  [83]  the  enmities 
of  the  other,  betrays  the  former  into  a  participation  in 
the  quarrels  and  wars  of  the  latter,  without  adequate 
inducement  or  justification  :  It  leads  also  to  concessions 
to  the  favourite  Nation  of  privileges  denied  to  others, 
which  is  apt  doubly  to  injure  the  Nation  making  the 
concessions ;  [ 84  ]  by  unnecessarily  parting  with  what 
ought  to  have  been  retained,  [ M  ]  and  by  exciting  jea- 
lousy, ill-will,  and  a  disposition  to  retaliate,  in  the  par- 
ties from  whom  equal  privileges  are  withheld ;  and  it 
gives  to  ambitious,  corrupted,  or  deluded  citizens  (who 
devote  themselves  to  the  favourite  Nation)  facility  to 
betray,  or  sacrifice  the  interests  of  their  own  country, 


22  A   LITERAL   COPY    OF   THE    ORIGINAL 

without  odium,  sometimes  even  with  popularity: — - 
gilding  with  the  appearances  of  a  virtuous  sense  of  ob- 
ligation, a  commendable  deference  for  public  opinion, 
or  a  laudable  zeal  for  public  good,  the  base  or  foolish 
compliances  of  ambition,  corruption  or  infatuation. — 

As  avenues  to  foreign  influence  in  innumerable  ways, 
such  attachments  are  particularly  alarming  to  the  truly 
enlightened  and  independent  Patriot.- — How  many  op- 
portunities do  they  afford  to  tamper  with  domestic  fac- 
tions, to  practise  the  arts  of  seduction,  to  mislead  public 
opinion,  to  influence  or  awe  the  public  councils !  Such 
an  attachment  of  a  small  or  weak,  towards  a  great  and 
powerful  nation,  dooms  the  former  to  be  the  satellite 
of  the  latter. 

Against  the  insidious  wriles  of  foreign  influence,  [I 
conjure  you  to]86  believe  me,  [fellow  citizens],87  the 
jealousy  of  a  free  people  ought  to  be  \constantlyY* 
awake,  since  history  and  experience  prove  that  foreign 
influence  is  one  of  the  most  baneful  foes  of  Republican 
Government. — But  that  jealousy  to  be  useful  must  be 
impartial ;  else  it  becomes  the  instrument  of  the  very 
influence  to  be  avoided,  instead  of  a  defence  against  it. 
— Excessive  partiality  for  one  foreign  nation  and  ex- 
cessive dislike  of  another,  cause  those  whom  they  ac- 
tuate to  see  danger  only  on  one  side,  and  serve  to  veil 
and  even  second  the  arts  of  influence  on  the  other. — 
Real  Patriots,  who  may  resist  the  intrigues  of  the  fa- 
vourite, are  liable  to  become  suspected  and  odious; 
while  its  tools  and  dupes  usurp  the  applause  and  con- 
fidence of  the  people,  to  surrender  their  interests. — 

The  great  rule  of  conduct  for  us,  in  regard  to  foreign 
Nations  is,  [in  extending  our  commercial  relations],89 
to  have  with  them  as  little  Political  connection  as  pos- 


FAREWELL   ADDRESS   OF  WASHINGTON.  23 

sible. — So  far  as  we  have  already  formed  engagements 
let  them  be  fulfilled  with  [90]  perfect  good  faith. — 
Here  let  us  stop. — 

Europe  has  a  set  of  primary  interests,  which  to  us 
have  none,  or  a  very  remote  relation. — Hence  she  must 
be  engaged  in  frequent  controversies,  the  causes  of 
which  are  essentially  foreign  to  our  concerns. — Hence 
therefore  it  must  be  unwise  in  us  to  implicate  ourselves 
by  [ 91  ]  artificial  [ties]92  in  the  ordinary  vicissitudes  of 
her  politics,  [or]93  the  ordinary  combinations  and  col- 
lisions of  her  friendships,  or  enmities. 

Our  detached  and  distant  situation  invites  and  en- 
ables us  to  pursue  a  different  course. — If  we  remain 
one  People,  under  an  efficient  government,  the  period 
is  not  far  off,  when  we  may  defy  material  injury  from 
external  annoyance  ;  when  we  may  take  such  an  atti- 
tude as  will  cause  the  neutrality  we  may  at  any  time 
resolve  [upon]94  to  be  scrupulously  respected. — When 
[95]  belligerent  nations,  under  the  impossibility  of 
making  acquisitions  upon  us,  will  [not]96  lightly  hazard 
the  giving  us  provocation  [ 97  ]  ;  when  we  may  choose 
peace  or  war,  as  our  interest  guided  by  [98]  justice 
shall  counsel. — 

Why  forego  the  advantages  of  so  peculiar  a  situa- 
tion ?  —  Why  quit  our  own  to  stand  upon  foreign 
ground  ? — Why,  by  interweaving  our  destiny  with  that 
of  any  part  of  Europe,  entangle  our  peace  and  pros- 
perity in  the  toils  of  European  ambition,  rivalship,  in- 
terest, humour  or  caprice  ? — 

'T  is  our  true  policy  to  steer  clear  of  permanent  alli- 
ances, [  "  ]  with  any  portion  of  the  foreign  world ; — so 
far,  I  mean,  as  we  are  now  at  liberty  to  do  it — for  let 
me  not  be  understood  as  capable  of  patronizing  infidel- 


24  A  LITERAL  COPY   OF  THE   ORIGINAL 

ity  to  [existing]100  engagements,  ([I  hold  the  maxim 
no  less  applicable  to  public  than  to  private  affairs],101 
that  honesty  is  [always]102  the  best  policy.) — [I  repeat 
it  therefore  let  those  engagements] 103  be  observed  in 
their  genuine  sense. — But  in  my  opinion  it  is  unneces- 
sary and  would  be  unwise  to  extend  them. — 

Taking  care  always  to  keep  ourselves,  by  suitable 
establishments,  on  a  respectable  defensive  posture,  we 
may  safely  trust  to  [temporary]104  alliances  for  extraor- 
dinary emergencies. 

Harmony,  liberal  intercourse  with  all  Nations,  are 
recommended  by  policy,  humanity  and  interest. — But 
even  our  commercial  policy  should  hold  an  equal  and 
impartial  hand  : — neither  seeking  nor  granting  exclu- 
sive favours  or  preferences;  —  consulting  the  natural 
course  of  things ; — diffusing  and  diversifying  by  gentle 
means  the  streams  of  commerce,  but  forcing  nothing ; — 
establishing  with  Powers  so  disposed — in  order  to  give 
to  trade  a  stable  course,  to  define  the  rights  of  our 
Merchants,  and  to  enable  the  Government  to  support 
them — conventional  rules  of  intercourse,  the  best  that 
present  circumstances  and  mutual  opinion  will  permit ; 
but  temporary,  and  liable  to  be  from  time  to  time 
abandoned  or  varied,  as  experience  and  circumstances 
shall  dictate ;  constantly  keeping  in  view,  that  'tis  folly 
in  one  nation  to  look  for  disinterested  favors  [from]105 
another, — that  it  must  pay  with  a  portion  of  its  inde- 
pendence for  whatever  it  may  accept  under  that  cha- 
racter— that  by  such  acceptance,  it  may  place  itself  in 
the  condition  of  having  given  equivalents  for  nominal 
favours  and  yet  of  being  reproached  with  ingratitude 
for  not  giving  more. — There  can  be  no  greater  error 
than  to  expect,  or  calculate  upon  real  favours  from 


FAREWELL   ADDRESS    OP   WASHINGTON.  25 

Nation  to  Nation. — 'T  is  an  illusion  which  experience 
must  cure,  which  a  just  pride  ought  to  discard. 

In  offering  to  you,  my  Countrymen,  these  counsels 
of  an  old  and  affectionate  friend,  I  dare  not  hope  they 
will  make  the  strong  and  lasting  impression,  I  could 
wish, — that  they  will  controul  the  usual  current  of  the 
passions,  or  prevent  our  Nation  from  running  the  course 
which  has  hitherto  marked  the  destiny  of  Nations. — 
But  if  I  may  even  flatter  myself,  that  they  may  be 
productive  of  some  partial  benefit;  some  occasional 
good ;  that  they  may  now  and  then  recur  to  moderate 
the  fury  of  party  spirit,  to  warn  against  the  mischiefs 
of  foreign  intrigue,  to  guard  against  the  impostures  of 
pretended  patriotism,  this  hope  will  be  a  full  recom- 
pense for  the  solicitude  for  your  welfare,  by  which 
they  have  been  dictated. — 

How  far  in  the  discharge  of  my  official  duties,  I 
have  been  guided  by  the  principles  which  have  been 
delineated,  the  public  Records  and  other  evidences  of 
my  conduct  must  witness  to  You,  and  to  the  World. — 
To  myself,  the  assurance  of  my  own  conscience  is,  that 
I  have  at  least  believed  myself  to  be  guided  by  them. 

In  relation  to  the  still  subsisting  War  in  Europe,  my 
Proclamation  of  the  22d  of  April  1793  is  the  index  to 
my  plan. — Sanctioned  by  your  approving  voice  and  by 
that  of  Your  Representatives  in  both  Houses  of  Con- 
gress, the  spirit  of  that  measure  has  continually  go- 
verned me : — uninfluenced  by  any  attempts  to  deter  or 
divert  me  from  it. 

After  deliberate  examination  with  the  aid  of  the 
best  lights  I  could  obtain,  [  m  ]  I  was  well  satisfied  that 
our  country,  under  all  the  circumstances  of  the  case, 
had  a  right  to  take,  and  was  bound  in  duty  and  inter- 


26  A   LITERAL   COPY   OF   THE   ORIGINAL 

est,  to  take  a  Neutral  position. — Having  taken  it,  I 
determined,  as  far  as  should  depend  upon  me,  to  main- 
tain it,  with  moderation,  perseverance  and  firmness. — 

[The  considerations  which  respect  the  right  to  hold 
this  conduct,  [it  is  not  necessary]107  on  this  occasion 
[to  detail].108  I  will  only  observe,  that  according  to 
my  understanding  of  the  matter,  that  right,  so  far  from 
being  denied  by  any  of  the  Belligerent  Powers,  has 
been  virtually  admitted  by  all. — ]109 

The  duty  of  holding  a  neutral  conduct  may  be  in- 
ferred, without  anything  more,  from  the  obligation 
which  justice  and  humanity  impose  on  every  Nation, 
in  cases  in  which  it  is  free  to  act,  to  maintain  inviolate 
the  relations  of  Peace  and  Amity  towards  other 
Nations. — 

The  inducements  of  interest  for  observing  that  con- 
duct, will  best  be  referred  to  your  own  reflections  and 
experience. — With  me,  a  predominant  motive  has  been 
to  endeavour  to  gain  time  to  our  country  to  settle  and 
mature  its  yet  recent  institutions,  and  to  progress  with- 
out interruption  to  that  degree  of  strength  and  consist- 
ency, which  is  necessary  to  give  it,  humanly  speaking, 
the  command  of  its  own  fortunes. 

Though  in  reviewing  the  incidents  of  my  Adminis- 
tration, I  am  unconscious  of  intentional  error — I  am 
nevertheless  too  sensible  of  my  defects  not  to  think  it 
probable  that  I  [may]110  have  committed  many  errors. 
—  [Whatever  they  may  be  I]111  fervently  beseech  the 
Almighty  to  avert  or  mitigate  [the  evils  to  which  they 
may  tend.]112 — I  shall  also  carry  writh  me  the  hope 
that  my  country  will  never  cease  to  view  them  with 
indulgence ;  and  that  after  forty-five  years  of  my  life 
dedicated  to  its  service,  with  an  upright  zeal,  the  faults 


FAREWELL   ADDRESS   OF   WASHINGTON.  27 

of  incompetent  abilities  will  be  consigned  to  oblivion, 
as  myself  must  soon  be  to  the  mansions  of  rest.  [I13] 

Relying  on  its  kindness  in  this  as  in  other  things, 
and  actuated  by  that  fervent  love  towards  it,  which  is 
so  natural  to  a  man,  who  views  in  it  the  native  soil  of 
himself  and  his  progenitors  for  [several]114  generations ; 
— I  anticipate  with  pleasing  expectation  that  retreat, 
in  which  I  promise  myself  to  realize,  without  alloy, 
the  sweet  enjoyment  of  partaking,  in  the  midst  of  my 
fellow  citizens,  the  benign  influence  of  good  Laws 
under  a  free  Government, — the  ever  favourite  object 
of  my  heart,  and  the  happy  reward,  as  I  trust,  of  our 
mutual  cares,  labours  and  dangers.  [m] 

GS.  WASHINGTON. 

UNITED  STATES, 


IQtk   September.  f  1796> 


MATTER  EMENDED  BY  WASHINGTON. 

The  follmcing  expressions  are  those  which  were  first  written  by  Wash- 
ington, and  afterwards  erased  or  changed.  What  he  finally  sub- 
stituted is,  in  the  Address,  included  inside  of  the  brackets,  which 
are  marked  by  the  corresponding  figures. 

1,  For  another  term. — 2,  Act  under. — 3,  That. — 4,  Any  por- 
tion of  you  may  yet  retain. — 5.  Even  they. — 6,  7,  Un- 
der.— 3,  Accepted. — 9,  To. — 9£.* 1O.  Not  lessened. — 

11,  May  I  also  have  that  of  knowing  in  my  retreat,  that  the  invo- 
luntary errors,  I  have  probably  committed,  have  been  the  sources  of 
no  serious  or  lasting  mischief  to  our  country.  I  may  then  expect  to 
realize,  without  alloy,  the  sweet  enjoyment  of  partaking,  in  the  midst 
of  my  fellow  citizens,  the  benign  influence  of  good  laws  under  a  free 
government;  the  ever  favorite  object  of  my  heart,  and  the  happy 
reward,  I  trust,  of  our  mutual  cares  dangers  and  labours.  (In  the 
margin  opposite  this  paragraph  is  the  following  note  in  Washington's 
Autograph  also  erased,  "  obliterated  to  avoid  the  imputation  of  af- 
fected modesty.") — 11 J. 12.  Demanded  by.  — 13,  Un- 
equal in  usefulness.  — 14,  The  constancy  of  your  support.  — 15, 

Wander  and  fluctuate. — 15*.   16,  The. — 17,  The  only 

return  I  can  henceforth  make. — 13.  Or  satisfaction. — 19,  Encou- 
raged by  the  remembrance  of  your  indulgent  reception  of  my  senti- 
ments on  an  occasion  not  dissimilar  to  the  present,  urge  me  to  offer. 

— 2O,  And    experience. — 21t 22. 23,  IQ   every 

relation.  —  24,  IQ    every    shape.  —  25,  Various.  —  26,  

27,  Towards  it.  —  28.  That  you  should  accustom  yourselves  to 
reverence  it  as  the  Palladium  of  your  political  safety  and  prosperity, 
adapting  constantly  your  words  and  actions  to  that  momentous  idea ; 
that  you  should  watch  for  its  preservation  with  jealous  anxiety,  dis- 
countenance whatever  may  suggest  a  suspicion  that  it  can  in  any 
event  be  abandoned ;  and  frown  upon  the  first  dawning  of  every  at- 
tempt to  alienate  any  portion  of  our  Country  from  the  rest,  or  to  en- 
feeble the  sacred  ties  which  now  link  together  the  several  parts. — 
29,  Of  a  common  country  by  birth  or  choice. — 3O.  To  be. — 31, 
Unfettered. — 32.  Many  of  the  peculiar. — 33.  The. — 34,  Either. 
— 35.  Liable  every  moment  to  be  disturbed  by  the  fluctuating  combi- 
nations of  the  primary  interests  of  Europe,  which  must  be  expected 
to  regulate  the  conduct  of  the  Nations  of  which  it  is  composed. — 36. 
And.— 37.  Finds.— 33,  Of  it.— 39.  Cannot  fail  to  find. — 4Q. 
Which  is  an  advantage. — 41.  Inevitably. — 42.  There  is  reason  to 
regard.  —  43.  Any. — 44.  They. — 45.  'Tis  natural.  —  46.  Ifc 

*  The  dash  denotes  that  what  appears  in  the  Address  marked  by  the  cor- 
responding figure  was  added. 


3* 


29 


30  MATTER  EMENDED  BY  WASHINGTON. 

may  not  impossibly  be  found,  that  the  spirit  of  party,  the  machina- 
tions of  foreign  powers,  the  corruption  and  ambition  of  individual 
citizens  are  more  formidable  adversaries  to  the  Unity  of  our  Empire 
than  any  inherent  difficulties  in  the  scheme.  Against  these  the  mounds 
of  national  opinion,  national  sympathy  and  national  jealousy  ought  to 
be  raised. — 47(  As. — 48.  Have. — 49.  Cause  in  the  fact  itself. — 
5O.  Besides  the  more  serious  causes  already  hinted  as  threatening 
our  Union,  there  is  one  less  dangerous,  but  sufficiently  dangerous  to 
make  it  prudent  to  be  upon  our  guard  against  it.  I  allude  to  the  pet- 
ulance of  party  differences  of  opinion.  It  is  not  uncommon  to  hear 
the  irritations  which  these  excite  vent  themselves  in  declarations  that 
the  different  parts  of  the  United  States  are  ill  affected  to  each  other, 
in  menaces  that  the  Union  will  be  dissolved  by  this  or  that  measure. 
Intimations  like  these  are  as  indiscreet  as  they  are  intemperate. 
Though  frequently  made  with  levity  and  without  any  really  evil  inten- 
tion, they  have  a  tendency  to  produce  the  consequence  which  they  in- 
dicate. They  teach  the  minds  of  men  to  consider  the  Union  as  pre- 
carious ; — as  an  object  to  which  they  ought  not  to  attach  their  hopes 
and  fortunes; — and  thus  chill  the  sentiment  in  its  favour.  By  alarm- 
ing the  pride  of  those  to  whom  they  are  addressed,  they  set  ingenuity 
to  work  to  depreciate  the  value  of  the  thing,  and  to  discover  reasons 
of  indifference  towards  it.  This  is  not  wise. — It  will  be  much  wiser 
to  habituate  ourselves  to  reverence  the  Union  as  the  palladium  of  our 
national  happiness;  to  accommodate  constantly  our  words  and  actions 
to  that  idea,  and  to  discountenance  whatever  may  suggest  a  suspicion 
that  it  can  in  any  event  be  abandoned.  (In  the  margin  opposite  this 
paragraph  are  the  words,  "  Not  important  enough.") — 51,  Our 
parties  for  some  time  past  have  been  too  much  characterized  by. — 

52,  These  discriminations, the  mere  contrivance  of  the  spirit  of 

Party,  always  dexterous  to  seize  every  handle  by  which  the  passions 
can  be  wielded,  and  too  skilful  not  to  turn  to  account  the  sympathy 
of  neighborhood),  have  furnished  an  argument  against  the  Union  as 
evidence  of  a  real  difference  of  local  interests  and  views ;  and  serve  to 
hazard  it  by  organizing  larger  districts  of  country,  under  the  leaders 
of  contending  factions;  whose  rivalships,  prejudices  and  schemes  of 
ambition,  rather  than  the  true  interests  of  the  Country,  will  direct  the 
use  of  their  influence.  If  it  be  possible  to  correct  this  poison  in  the 
habit  of  our  body  politic,  it  is  worthy  the  endeavours  of  the  moderate 

and  the  good  to  effect  it. — 53,  Subject. — 54. 55.  !'• — 

56.  And  purposes. — 57.  A. — 58.  To. — 59.  Owing  to  you  as  I  do 
a  frank  and  free  disclosure  of  my  heart,  I  shall  not  conceal  from  you 
the  belief  I  entertain,  that  your  Government  as  at  present  constituted 
is  far  more  likely  to  prove  too  feeble  than  too  powerful. — CO.  Hu- 
man.— 6O£, 61,  I11  Republics  of  narrow  extent,  it  is  not 

difficult  for  those  who  at  any  time  hold  the  reins  of  Power,  and  com- 
mand the  ordinary  public  favor,  to  overturn  the  established  [consti- 
tution]* in  favor  of  their  own  aggrandizement. — The  same  thing  may 

*  Order. 


MATTER   EMENDED   BY   WASHINGTON.  31 

likewise  be  too  often  accomplished  in  such  Republics,  by  partial 
combinations  of  men,  who  though  not  in  office,  from  birth,  riches  or 
other  sources  of  distinction,  have  extraordinary  influence  and  numer- 
ous [adherents.]1 — By  debauching  the  Military  force,  by  surprising 
some  commanding  citadel,  or  by  some  other  sudden  and  unforeseen 
movement  the  fate  of  the  Republic  is  decided. — But  in  Republics  of 
large  extent,  usurpation  can  scarcely  make  its  way  through  these 
avenues. — The  powers  and  opportunities  of  resistance  of  a  wide  ex- 
tended and  numerous  nation,  defy  the  successful  efforts  of  the  ordi- 
nary Military  force,  or  of  any  collections  which  wealth  and  patronage 
may  call  to  their  aid. — In  such  Republics  it  is  safe  to  assert,  that  the 
conflicts  of  popular  factions  are  the  chief,  if  not  the  only  inlets,  of 
usurpation  and  Tyranny. — 62,  Through  the  channels  of  party  pas- 
sions. It  frequently  subjects  the  policy  of  our  own  country  to  the 
policy  of  some  foreign  country,  and  even  enslaves  the  will  of  our  Go- 
vernment to  the  will  of  some  foreign  Government. — 63.  It  should 
not  only  warm,  but. — 64,  Under. — 65.  Forms,  a. — 66,  The. — 
67.  From. — 68,  Usual  and  natural. — 69,  Of  its  use. — 7O.  Tem- 
porary.— 7X.  Itself. — 72.  Cultivate  industry  and  frugality,  as  auxi- 
liaries to  good  morals  and  sources  of  private  and  public  prosperity. — 
Is  there  not  room  to  regret  that  our  propensity  to  expense  exceeds  our 
means  for  it  ?  Is  there  not  more  luxury  among  us  and  more  diffu- 
sively, than  suits  the  actual  stage  of  our  national  progress  ?  Whatever 
may  be  the  apology  for  luxury  in  a  country,  mature  in  the  Arts  which 
are  its  ministers,  and  the  cause  of  national  opulence — can  it  promote 
the  advantage  of  a  young  country,  almost  wholly  agricultural,  in  the 
infancy  of  the  arts,  and  certainly  not  in  the  maturity  of  wealth  ?  (Over 
this  paragraph  in  the  original  a  piece  of  paper  is  wafered,  on  which 
the  passage  is  written  as  printed  in  the  text.) — 73,  Little. — 74, 
Avoiding. — 75.  Coincide. — 76.  And  cultivate  peace  and  harmony 
with  all,  for  in  public  as  well  as  in  private  transactions,  I  am  per- 
suaded that  honesty  will  always  be  found  to  be  the  best  policy. — 
77.  Rooted. — 78,  A- — 79,  A.. — SO.  Begets  of  course  a  similar 

sentiment  in  that  other. — 8Z,  Its  own. — 32  83  Another. 

—84.  Istly.— 85,  2dly.— 86,  87.  My  friends.— 88, 

Incessantly. — 89,   9O.  Circumspection  indeed,  but  with. 

91.  An. — 92.  Connection.— 93,  In. — 94.  To  observe. — 95,  Nei- 
ther of  two. — 96. 97.  To  throw  our  weight  into  the  oppo- 
site scale. — 98,  Our. — 99.  Intimate  connections. — 1OO.  Pre-ex- 
isting.— 1O1.  For  I  hold  it  to  be  as  true  in  public,  as  in  private 

transactions. — 1O2, 1O3.  Those  must. — 1O4.  Occasional. 

X05,  At. — 1O6.  (And  from  men  disagreeing  in  their  impressions 
of  the  origin,  progress,  and  nature  of  that  war.) — 1O7.  Some  of 
them  of  a  delicate  nature  would  be  improperly  the  subject  of  explana- 
tion.— 1O3. 1O9.  The  considerations  which  respect  the 

right  to  hold  this  conduct,  some  of  them  of  a  delicate  nature,  would 
be  improperly  the  subject  of  explanation  on  this  occasion.  I  will 

*  Retainers. 


32  MATTER   EMENDED   BY   WASHINGTON. 

barely  observe  that  according  to  my  understanding  of  the  matter,  that 
right  so  far  from  being  denied  by  any  belligerent  Power,  has  been 
virtually  admitted  by  all. — (This  paragraph  is  then  erased  from  the 
word  "conduct,"  and  the  following  sentence  interlined,  "would  be 
improperly  the  subject  of  particular  discussion  on  this  occasion.  I 
will  barely  observe  that  to  me  they  appear  to  be  warranted  by  well- 
established  principles  of  the  Laws  of  Nations  as  applicable  to  the 
nature  of  our  alliance  with  France  in  connection  with  the  circum- 
stances of  War,  and  the  relative  situation  of  the  contending  Parties." 
A  piece  of  paper  is  afterwards  wafered  over  both,  on  which  the  para- 
graph as  it  stands  in  the  text  is  written,  and  on  the  margin  is  the 
following  note :  "  This  is  the  first  draft,  and  it  is  questionable  which 

of  the  two  is  to  be  preferred.") — 110. 111.  I  deprecate 

the  evils  to  which  they  may  tend,  and. — 112.  Them. — 113.  May 
I  without  the  charge  of  ostentation  add,  that  neither  ambition  nor 
interest  has  been  the  impelling  cause  of  my  actions — that  I  have 
never  designedly  misused  any  power  confided  to  me  nor  hesitated  to 
use  one,  where  I  thought  it  could  redound  to  your  benefit  ?  May  I 
without  the  appearance  of  affectation  say,  that  the  fortune  with  which 
I  came  into  office  is  not  bettered  otherwise  than  by  the  improvement 
in  the  value  of  property  which  the  quick  progress  and  uncommon 
prosperity *of  our  country  have  produced  ?  May  I  still  further  add 
without  breach  of  delicacy,  that  I  shall  retire  without  cause  for  a 
blush,  with  no  sentiments  alien  to  the  force  of  those  vows  for  the  hap- 
piness of  his  country  so  natural  to  a  citizen  who  sees  in  it  the  native 
soil  of  his  progenitors  and  himself  for  four  generations  ?  (On  the 
margin  opposite  this  paragraph  is  the  following  note :  "  This  para- 
graph may  have  the  appearance  of  self-distrust  and  mere  vanity.") — 
11^,  Four. — 115.  The  paragraph  beginning  with  the  words,  "May 
I  without  the  charge  of  ostentation  add,"  having  been  struck  out,  the 
following  note  is  written  on  the  margin  of  that  which  is  inserted  in 
its  place  in  the  text : — "  Continuation  of  the  paragraph  preceding  the 
last  ending  with  the  word  'rest/  " 


THE    END. 


